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 they can do"

Illustration for Resource Management Act 1991

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 the Ministry for Primary Industries, the Department of Conservation, or Maritime New Zealand, but there are terms and conditions to follow. The local authority and the other organisation must agree on these terms.

A local authority can also authorise people who have a licence as a property guard issued under section 34 of the Private Security Personnel and Private Investigators Act 2010. You can be authorised if you are employed by a person who has this licence and you have a certificate of approval issued under section 40 of that Act. You can also be authorised if you have permission granted under section 37 of that Act.

If you are authorised as an enforcement officer, you will get a warrant that says what you are allowed to do. You must carry this warrant and proof of who you are when you are working as an enforcement officer. When you stop being an enforcement officer, you must give the warrant back 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 It might be out of date or be missing some parts.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:
Environment and resources > Conservation
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 4Functions, 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 the Ministry for Primary Industries, 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. Repealed

            3. Repealed

            4. 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.

            5. 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.

            6. 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 12(1) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
            • 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 , 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): repealed, on , by section 12(2) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
            • Section 38(4): repealed, on , by section 12(2) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
            • 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).