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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:

“Rules for councils doing work on private land without permission”

This schedule explains what a local council must do if they want to build or do work on private land without the owner’s permission. They need to show a plan of the work and tell the people who live there or own the land about it. If someone doesn’t like the plan, they can complain to the council.

The council must listen to the complaint and then decide if they will change their plans, go ahead with the work, or not do it at all. If you’re not happy with what the council decides, you can ask the District Court to look at it within 14 days. The council can’t start the work until the court makes a decision.

The District Court gets to make the final decision. They can agree with what the council wanted to do, change it, or say the council can’t do the work at all.

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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.

Topics:
Government and voting > Local councils
Housing and property > Land use
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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:
    1. 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)—
      1. 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
        1. to the owner if known:
        2. however, if there is a change of occupier, it is not necessary to give notice to any subsequent occupier before the work is done:
          1. 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—
            1. appoint a day for hearing the objection; and
              1. give to the objector reasonable notice of the day, time, and place of hearing so as to enable the objector to attend the hearing:
              2. the territorial authority must hold a meeting on the day appointed, and may, after hearing any person making any objection, if present, determine—
                1. to abandon the works proposed; or
                  1. to proceed with the works proposed, with or without any alterations that the territorial authority thinks fit.

                      2. 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 , 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.