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Local Government Act 2002

Savings

Schedule 14: Procedure for making removal orders

You could also call this:

“How the court decides what to remove and who to tell about it”

When the District Court makes a removal order, it can decide what needs to be removed or changed. This might include fences, structures, or vegetation. The court can also order the removal of things attached to these items and make other related decisions. The court may allow people to enter nearby land to carry out the removal order.

For a removal order to take effect, it must be properly served to the people involved. This includes the person responsible, the property owner (if different), any mortgage holders, and neighbours. The order only becomes active if no one objects to it, or if the court confirms it after considering any objections.

If someone wants to object to a removal order, they must do so within 15 working days of receiving it. The court will usually set a date for a hearing to consider the objections. When the court makes a decision about the objections, it will set a date by which the removal order must be followed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM176093.

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14Procedure for making removal orders Empowered by ss 213, 215

1Scope of removal order

  1. If the District Court makes a removal order under section 216, it may—

  2. order that the fence, structure, or vegetation be removed or altered, or that part of the fence, structure, or vegetation be removed and that part of it be altered:
    1. order that any thing attached to the fence, structure, or vegetation be removed as a consequence of the removal or alteration ordered under paragraph (a):
      1. make any consequential order that the court thinks fit:
        1. without limiting paragraph (c) and subject to any conditions that the court thinks fit, order that entry may be made on to any portion of land adjoining the property to which the order relates for the purposes of enforcing an order in accordance with section 220(2).

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          2Service of removal order

          1. If a removal order is made under section 216, the Judge may, on application or on his or her own motion, give directions—

          2. as to the manner in which the order must be served on any person on whom the order must be served under clause 3(a); and
            1. that the order must be served on any person not referred to in clause 3(a)(i) to (iv) who is likely to be affected by the outcome of the proceedings; and
              1. as to any other matter relating to service of the order on any person.

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                3Basis for removal order taking effect

                1. A removal order does not take effect unless—

                2. a copy of the order is served in accordance with subpart 4 of Part 20 of the District Court Rules 2014 or in accordance with any directions given under clause 2 on—
                  1. the respondent; and
                    1. if the respondent is not the owner of the property to which the order relates, the owner of the property; and
                      1. any mortgagee of the property to which the order relates; and
                        1. the owner of any property adjoining the property to which the order relates; and
                          1. any person directed by the court to be served under clause 2; and
                          2. either—
                            1. no objection is made in accordance with section 217(1) by the respondent or by any other person entitled to object to the order under that section; or
                              1. if an objection is made, the court, after considering the objection, confirms the order under section 218(1) with or without variation.

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                              Notes
                              • Schedule 14 clause 3(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).

                              4Circumstances when certain other Acts do not apply

                              1. A removal order may be made under section 216 even if the fence, structure, or vegetation has been constructed or is otherwise in accordance with—

                              2. a resource consent granted under the Resource Management Act 1991; or
                                1. a building consent granted under the Building Act 2004.

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                                  Notes
                                  • Schedule 14 clause 4: replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).

                                  5Evidence of conviction

                                  1. For the purposes of proceedings under subpart 4 of Part 9, proof that a respondent or any other person has been convicted of an offence by any court in New Zealand is conclusive evidence that that person committed the offence, and the conviction is admissible in evidence.

                                  2. A certificate produced as evidence of the fact that a particular person has been convicted of an offence is sufficient evidence, unless the contrary is proved, without proof of the signature or official character of the person appearing to have signed it, if—

                                  3. it contains the substance of a conviction; and
                                    1. it purports to be signed by the Registrar or other officer having the custody of the records of the court in which the offender was convicted; and
                                      1. the name of the offender stated in the certificate is the name of the person in respect of whom the applicant seeks to prove the conviction.

                                        1. The method of proving a previous conviction authorised by subclause (2) is in addition to, and not to the exclusion of, any other method of proof authorised by another enactment or rule of law.

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                                        6Form of removal order

                                        1. Subject to subclause (2), a removal order must be in the form prescribed in subpart 4 of Part 20 of the District Court Rules 2014.

                                        2. If an objection is lodged under section 217(1) and the removal order is subsequently confirmed with or without variation, the Registrar must, without delay, issue a copy of the confirmed order with the date specified by the court in accordance with clause 8(2) as the date by which compliance is required.

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                                        Notes
                                        • Schedule 14 clause 6(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).

                                        7Notice of objection to removal order

                                        1. A notice of objection under section 217(1) must—

                                        2. be in the form prescribed in subpart 4 of Part 20 of the District Court Rules 2014; and
                                          1. be lodged with the court and served on the applicant and, if the objector is not the respondent, the respondent, within 15 working days from the date on which the removal order was served on the objector, or within any further time that the court allows.

                                            1. Subject to subclause (4), the Registrar must assign a date for an oral hearing of any objection as soon as practicable if the respondent or, if the respondent is not the owner of the property to which the order relates, the owner of the property—

                                            2. objects to the making of the order; and
                                              1. notifies the court that he or she wishes to be heard in person or to be represented by his or her lawyer.

                                                1. If a person described in clause 3(a)(iii), (iv), or (v) objects to the making of the order and notifies the court that he or she wishes to be heard in person or to be represented by his or her lawyer, the court may,—

                                                2. if the court is satisfied that there should be an oral hearing, assign a date for the hearing of the objection, which date, subject to subclause (4), must be as soon as practicable; or
                                                  1. if the court thinks fit, decide the objection without holding an oral hearing.

                                                    1. If an oral hearing is to be held in accordance with subclause (2), or if the court decides under subclause (3) that there should be an oral hearing, the court may assign a date for the objections to be heard together.

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                                                    Notes
                                                    • Schedule 14 clause 7(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).

                                                    8Consideration of objections by court

                                                    1. Before the court exercises its power under section 218(1), the court must, as it thinks fit, give an opportunity to be heard, either orally or in writing, to—

                                                    2. the applicant; and
                                                      1. any other person entitled to object under section 217(1).

                                                        1. If the court confirms or varies an order under section 218(1), the court must specify the date by which the respondent must comply with the order.

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