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:

“People who make sure the rules about protecting the environment are followed and how they get their special job”

You can be authorised as an enforcement officer by a local authority or the Minister of Conservation. If you’re authorised, you’ll have specific powers and responsibilities under the Resource Management Act.

If you’re authorised by a local authority, you might be one of their officers, or an officer from another local authority, the new Ministry, the Department of Conservation, or Maritime New Zealand. The local authority can also authorise you if you have a property guard licence or work for someone with that licence, and you have the right approvals.

The Minister of Conservation can authorise you if you work for the Department of Conservation or a local authority. This is usually to check if people are following resource consents that the Minister has given out.

When you’re authorised, you’ll get a warrant that explains what you can do. You need to carry this warrant and proof of who you are when you’re working. You must show these if someone asks you to.

When you stop being an enforcement officer, you have to give your warrant back to the local authority or Minister who gave it to you.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233057.

Topics:
Environment and resources > Conservation
Government and voting > Local councils
Work and jobs > Job licenses
Previous

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

“ People who can change time limits and give extra time for certain parts of the law ”

Next

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

“Meetings about land use decisions should be open to everyone and easy to understand.”

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).