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Local Government (Auckland Council) Act 2009

Water supply and wastewater services for Auckland - Nuisances created by Auckland water organisation

72: Abatement of nuisances created by Auckland water organisation

You could also call this:

"Stopping water problems in Auckland that annoy people"

Illustration for Local Government (Auckland Council) Act 2009

If you create a nuisance, like a bad smell or noise, while working with water in Auckland, the Director-General of Health can tell you to stop it. They can send you a written notice saying you must fix the problem and how to do it. They can also say when you must finish the work. You can ask the District Court to change or cancel the notice if you think it is unfair. Until the court makes a decision, you do not have to follow the notice. The court will then decide if you should follow the notice or not. If you do not fix the problem on time, the Medical Officer of Health can fix it for you, and you will have to pay for the work. They can enter your land to do the work if needed. The Medical Officer of Health can get back the money they spent to fix the problem from you. This is because the problem was your responsibility to fix.

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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=DLM3338649.

Topics:
Environment and resources > ConservationEnvironment and resources > Water managementHealth and wellbeing > Public healthHousing and property > Home safety and repairsHousing and property > Land use
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"Auckland Council must choose people to enforce rules, known as enforcement officers."

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"Rates for land and assets used for Auckland's water supply and wastewater services have special rules."

Part 5Water supply and wastewater services for Auckland
Nuisances created by Auckland water organisation

72Abatement of nuisances created by Auckland water organisation

  1. Where any nuisance within the meaning of section 29 of the Health Act 1956 is created by an Auckland water organisation in the exercise of any powers conferred on it by this Act, the Director-General of Health may, by notice in writing to the organisation,—

  2. require the organisation to abate the nuisance; and
    1. specify the works to be done by the organisation in order to abate the nuisance and the time within which they must be done.

      1. If the organisation considers the requirements specified in the notice to be unreasonable, impracticable, or unnecessary, it may, within 3 days after service of the notice on it, apply to the District Court for an order setting aside or modifying the notice. Pending the hearing of the application, the notice must be treated as suspended.

      2. On the hearing of the application, the court, whose decision is final, must determine whether the notice should or should not be set aside or modified and, if the notice is not set aside, the time within which the organisation must comply with the notice or, as the case may be, with the modified notice.

      3. If the organisation, within the time specified in the notice or, in the case of an application to the court, in the order of the court, fails to comply with the notice or order, the Medical Officer of Health under the Health Act 1956, without further notice to the organisation, may cause the nuisance to be abated and for that purpose may, with such assistance as may be necessary, enter on any land or premises of the organisation and execute or cause to be executed the necessary works.

      4. All expenses reasonably incurred by the Medical Officer of Health in the abatement of a nuisance under subsection (4) are recoverable from the organisation as a debt due to the Crown.

      Notes
      • Section 72: added, on , by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).