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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Removal orders - Compliance with removal order

221: Limits to power of entry to enforce compliance

You could also call this:

“Rules for entering property to make sure removal orders are followed”

You need to know about the rules for entering someone’s property to enforce a removal order. These rules apply when someone doesn’t follow the order, and the person who asked for the order wants to make sure it’s carried out.

Only certain people can enter the property. This includes a police officer, or if a local council asked for the order, it could be a council officer or a police officer. They might also bring other people they’ve given written permission to, if those people are needed to change or remove a fence, structure, or plants.

The people entering must do so at reasonable times. They must carry proof of who they are and why they’re allowed to enter. They need to show this proof to the owner or person living there when they first enter, and again if asked.

After entering, the person who asked for the removal order must quickly give a written notice to the property’s owner and occupier. This notice needs to explain why they entered.

If the people entering the property are doing their job properly and in good faith, they can’t be sued for damages or compensation for what they do while enforcing the removal order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174002.

Topics:
Government and voting > Local councils
Crime and justice > Police and safety
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220: Compliance with removal order, or

“Following the rules when you're told to remove something from your property”

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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Removal orders: Compliance with removal order

221Limits to power of entry to enforce compliance

  1. If a respondent fails to comply with a removal order, and the applicant enforces compliance under section 220(2), the power conferred by that subsection to enter a place for that purpose is subject to the following conditions:

  2. entry upon the property must be made only by—
    1. a constable; or
      1. if the order was made on the application of a territorial authority, an officer of that authority or a constable or both; and
        1. any other person, whether a contractor, agent, or otherwise, authorised in writing by the constable or the territorial authority, as the case may be, and who is necessary to effect the alterations to, or removal of, the fence, structure, or vegetation, as required by the order; or
        2. entry must be made at reasonable times; and
          1. a person entering the property must carry evidence of his or her identity and authority to enter, and must produce that evidence to the owner or occupier, if present, on initial entry and subsequently if required to do so; and
            1. as soon as practicable after entry is made, the applicant must give notice in writing, in the prescribed form and manner, to the owner and to the occupier of the property of the entry and the reasons for it.

              1. Compensation or damages must not be awarded in civil proceedings brought against a person referred to in subsection (1)(a) for any act done in good faith by that person under section 220(2).

              Compare
              Notes
              • Section 221(1)(a)(i): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
              • Section 221(1)(a)(ii): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
              • Section 221(1)(a)(iii): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).