Local Government Act 2002

Savings

Schedule 12: Conditions of constructing or undertaking works on private land without the owner's consent

You could also call this:

"Building on private land without permission: rules and objections"

Illustration for Local Government Act 2002

You can do work on private land without the owner's consent under certain conditions. The territorial authority must follow rules, such as giving notice to the occupier and owner of the land. They must also provide a plan and description of the work. You can object to the work if you are the occupier or owner. The territorial authority will hear your objection and make a decision. They can choose to stop the work or continue with it, with or without changes. If you disagree with the territorial authority's decision, you can appeal to the District Court. The court will make a final decision on the matter. The territorial authority cannot start the work until the court has made its decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM176085.

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Schedule 11: Matters relating to rates relief on Māori freehold land, or

Schedule 13: Methodology for calculating development contributions, or

12Conditions of constructing or undertaking works on private land without the owner's consent Empowered by s 181(3)(b)

1

For the purposes of section 181(3)(b), the requirements are as follows:

a description of the works, accompanied by a plan (in the case of any works to be constructed), showing how they affect any land or building, must be deposited for public inspection at a place within the district in which the works are to be undertaken:

the territorial authority must give notice in writing of the intention to construct the works (referring to a plan and description of the works and where the plan and description can be viewed)—

to the occupier of the land or building unless there is no occupier or, after all reasonable steps have been taken, the occupier cannot be found; and
to the owner if known:

however, if there is a change of occupier, it is not necessary to give notice to any subsequent occupier before the work is done:

if, within 1 month after the notice is given, the occupier or owner serves on the territorial authority a written objection to the proposed works, the territorial authority must—

appoint a day for hearing the objection; and
give to the objector reasonable notice of the day, time, and place of hearing so as to enable the objector to attend the hearing:

the territorial authority must hold a meeting on the day appointed, and may, after hearing any person making any objection, if present, determine—

to abandon the works proposed; or
to proceed with the works proposed, with or without any alterations that the territorial authority thinks fit.

2

A person who is aggrieved by a determination of the territorial authority under clause 1(e) to proceed with the works proposed (with or without alterations) may appeal to the District Court against the determination within 14 days after the date of the determination.

Notes

Schedule 12 clause 2: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

3

Pending the decision of the court on the appeal, the territorial authority must not proceed with the works.

4

On the hearing of the appeal, the court, whose decision is final, may confirm or amend or set aside the determination of the territorial authority.