Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Functions, powers, and duties of central and local government - Enforcement officers

38: Authorisation and responsibilities of enforcement officers

You could also call this:

“Who can be an enforcement officer and what are their jobs and rules?”

A local authority can authorise its officers or officers from other local authorities to carry out functions and powers as enforcement officers. You can be authorised if you work for a local authority, the new Ministry, the Department of Conservation, or Maritime New Zealand. The local authority and the other organisation must agree on terms and conditions.

A local authority can also authorise people who have a licence as a property guard issued under the Private Security Personnel and Private Investigators Act 2010, or people employed by them who have a certificate of approval. You can be authorised to exercise powers related to excessive noise under sections 327 and 328 of this Act.

The Minister of Conservation can authorise officers from the Department of Conservation or local authorities to carry out functions and powers as enforcement officers. This is in relation to compliance with a resource consent issued by the Minister under section 31A.

When you are authorised as an enforcement officer, you will get a warrant that clearly states your functions and powers. You must carry your warrant and identity with you when you exercise your powers, and produce them if required. When your appointment ends, you must surrender your warrant to the local authority or Minister.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM233057.

Topics:
Government and voting > Local councils Environment and resources > Conservation Environment and resources > Town planning
Previous

37B: Persons to have powers of consent authority for purposes of sections 37 and 37A, or

"Who can make decisions about resource management rules and time limits?"

Next

39: Hearings to be public and without unnecessary formality, or

"Hearings are open to the public and try to be fair and not too formal."

Part 4 Functions, powers, and duties of central and local government
Enforcement officers

38Authorisation and responsibilities of enforcement officers

  1. A local authority may authorise—

  2. any of its officers; or
    1. any of the officers of any other local authority, or of the new Ministry, or the Department of Conservation, or Maritime New Zealand, subject to such terms and conditions as to payment of salary and expenses and as to appointment of his or her duties as may be agreed upon between the relevant authorities—
        1. to carry out all or any of the functions and powers as an enforcement officer under this Act.

      1. A local authority may authorise any person who is—

      2. the holder of a licence as a property guard issued under section 34 of the Private Security Personnel and Private Investigators Act 2010; or
        1. employed by a person authorised under paragraph (a) and who is—
          1. the holder of a certificate of approval issued under section 40 of that Act; or
            1. a person in respect of whom permission granted under section 37 of that Act is in force—
              2. to exercise or carry out all or any of the functions and powers of an enforcement officer under sections 327 and 328 (which relate to excessive noise).

            2. The Minister of Conservation may authorise any officers of the Department of Conservation or of a local authority to exercise and carry out the functions and powers of an enforcement officer under this Act in relation to 1 or more of the following:

            3. compliance with a resource consent issued by that Minister under section 31A:

                  1. Any authorisation under subsection (3) to an officer of a local authority is subject to such terms and conditions as to payment of salary and expenses and as to appointment of his or her duties as may be agreed between the Minister and the local authority.

                  2. The local authority or Minister shall supply every enforcement officer authorised under this section with a warrant, and that warrant shall clearly state the functions and powers that the person concerned has been authorised to exercise and carry out under this Act.

                  3. Every enforcement officer authorised under this section who exercises or purports to exercise any power conferred on him or her by this Act shall have with him or her, and shall produce if required to do so, his or her warrant and evidence of his or her identity.

                  4. Every enforcement officer who holds a warrant issued under this section shall, on the termination of his or her appointment as such, surrender the warrant to the local authority or Minister, as the case may be.

                  Notes
                  • Section 38(1)(b): amended, on , by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).
                  • Section 38(1)(b): amended, on , pursuant to section 5(1)(c) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).
                  • Section 38(1)(b): amended, on , by section 9(1) of the Resource Management Amendment Act 1997 (1997 No 104).
                  • Section 38(2): amended, on , by section 26 of the Resource Management Amendment Act 1993 (1993 No 65).
                  • Section 38(2)(a): replaced, on , by section 121(1) of the Private Security Personnel and Private Investigators Act 2010 (2010 No 115).
                  • Section 38(2)(b): replaced, on , by section 9(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                  • Section 38(3): amended, on , by section 12(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
                  • Section 38(3)(a): replaced, on , by section 35(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 38(3)(b): repealed, on , by section 35(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 38(3)(c): repealed, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                  • Section 38(5): amended, on , by section 10(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                  • Section 38(6): amended, on , by section 10(2) of the Resource Management Amendment Act 2020 (2020 No 30).