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Local Government Act 2002

Specific obligations and restrictions on local authorities and other persons - Specific obligation to assess certain sanitary services

128: Requirement to assess certain sanitary services

You could also call this:

"Councils must check public services like toilets and cemeteries to keep people healthy"

Illustration for Local Government Act 2002

If you live in a area managed by a territorial authority, they must check the services they provide. They have to check public toilets, crematoria, and cemeteries in their district. They do this to make sure these services are good enough for the people living in the area.

When the territorial authority checks these services, they think about how they might affect people's health. They consider if the services are good quality and if people need more of them now or in the future. They can check one service at the same time as another.

The territorial authority can ask another organisation to help them check these services. They can ask for help with all or just part of the checking process. You can find more information about changes to this rule in section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS609187.

Topics:
Health and wellbeing > Public healthLocal councils > Town planningHousing and property > Home safety and repairs
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Part 7Specific obligations and restrictions on local authorities and other persons
Specific obligation to assess certain sanitary services

128Requirement to assess certain sanitary services

  1. A territorial authority must assess the provision of the following services within its district:

  2. public toilets:
    1. crematoria:
      1. cemeteries.

        1. The purpose of an assessment is to assess, from a public health perspective, the adequacy of the services referred to in subsection (1) available to communities throughout the territorial authority’s district, taking into consideration—

        2. the health risks to communities arising from any absence of, or deficiency in, the services; and
          1. the quality of the services currently available to communities within the district; and
            1. the current and estimated future demands for any of those services.

              1. One type of service may be assessed in conjunction with another.

              2. An assessment may be undertaken on behalf of the territorial authority (whether in whole or in part) by another appropriate organisation.

              Notes
              • Section 128: replaced, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).