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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 doing work on private land without the owner's okay"

Illustration for Local Government Act 2002

If you want to do work on someone's private land without their permission, there are rules you must follow. You need to tell people about the work you plan to do and show them a plan of what it will look like. This plan must be available for the public to see in a place near where the work will be done, as stated in section 181(3)(b).

You must also inform the person living on the land and the owner, if you know who they are, about the work you plan to do. If someone objects to the work, you must listen to their concerns and make a decision about whether to go ahead with the work or not, as outlined in clause 1(e).

If someone is unhappy with your decision, they can appeal to the District Court within 14 days, and you must not start the work until the court makes a decision. The court's decision is final, and they can choose to agree with your decision, change it, or cancel it. While the court is making its decision, you cannot start the work, as stated in the rules following clause 1(e) and the appeal process.

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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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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.