Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Emergency works

330: Emergency works and power to take preventive or remedial action

You could also call this:

“This law lets people take quick action to stop or fix serious problems without normal rules, in emergencies.”

This law allows you to take quick action in emergencies without following normal rules. You can do this if you’re responsible for public works, natural resources, or important services that might be in danger.

You can act right away if there’s a risk of harm to the environment or if people’s lives or property are in danger. You don’t need to follow the usual environmental rules when you’re trying to fix or prevent these problems.

Even if you couldn’t have known about the emergency beforehand, you can still take action.

If you’re from a local council or other authority, you can enter any place, even someone’s home (if you bring a police officer), to deal with an emergency. You can take action yourself or tell the people there what to do.

After entering a place for an emergency, you need to tell the people there who you are and why you came in.

This law doesn’t apply to oil spills at sea. There’s a different law for that.

The law also explains what “lifeline utility” means. It’s a service that’s really important for keeping the community safe and working properly.

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 It might be out of date or be missing some parts.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=DLM239003.

Topics:
Government and voting > Emergency management
Government and voting > Local councils
Environment and resources > Conservation
Previous

329A: Interpretation, or

“This part explains important words and places related to big storms and floods that happened in New Zealand”

Next

330AAA: Modification of requirements in section 330(3) for authorities in affected areas, or

“Changes to rules for authorities entering land during severe weather emergencies”

Part 12 Declarations, enforcement, and ancillary powers
Emergency works

330Emergency works and power to take preventive or remedial action

  1. Where—

  2. any public work for which any person has financial responsibility; or
    1. any natural and physical resource or area for which a local authority or consent authority has jurisdiction under this Act; or
      1. any project or work or network utility operation for which any network utility operator is approved as a requiring authority under section 167; or
        1. any service or system that any lifeline utility operates or provides—
            1. is, in the opinion of the person, authority, network utility operator, or lifeline utility, affected by or likely to be affected by—
          1. an adverse effect on the environment which requires immediate preventive measures; or
            1. an adverse effect on the environment which requires immediate remedial measures; or
              1. any sudden event causing or likely to cause loss of life, injury, or serious damage to property—
                  1. the provisions of sections 9, 12, 13, 14, and 15 shall not apply to any activity undertaken by or on behalf of that person, authority, network utility operator, or lifeline utility to remove the cause of, or mitigate any actual or likely adverse effect of, the emergency.

                1. Subsection (1) applies whether or not the adverse effect or sudden event was foreseeable.

                2. Where a local authority or consent authority—

                3. has financial responsibility for any public work; or
                  1. has jurisdiction under this Act in respect of any natural and physical resource or area—
                      1. which is, in the reasonable opinion of that local authority or consent authority, likely to be affected by any of the conditions described in paragraphs (d) to (f) of subsection (1), the local authority or consent authority by its employees or agents may, without prior notice, enter any place (including a dwellinghouse when accompanied by a constable) and may take such action, or direct the occupier to take such action, as is immediately necessary and sufficient to remove the cause of, or mitigate any actual or likely adverse effect of, the emergency.

                    1. Sections 9, 12, 13, 14, and 15 do not apply to any action taken under subsection (2).

                    2. As soon as practicable after entering any place under this section, every person must identify himself or herself and inform the occupier of the place of the entry and the reasons for it.

                    3. Nothing in this section shall authorise any person to do anything in relation to an emergency involving a marine oil spill or suspected marine oil spill within the meaning of section 281 of the Maritime Transport Act 1994.

                    4. In this section and section 330A, lifeline utility means a lifeline utility within the meaning of section 4 of the Civil Defence Emergency Management Act 2002 other than a lifeline utility that is a network utility operator to which subsection (1)(c) applies.

                    Notes
                    • Section 330 heading: amended, on , by section 18 of the Resource Management Amendment Act 1994 (1994 No 105).
                    • Section 330(1): amended, on , by section 56(3) of the Resource Management Amendment Act 2013 (2013 No 63).
                    • Section 330(1): amended, on , by section 56(4) of the Resource Management Amendment Act 2013 (2013 No 63).
                    • Section 330(1)(c): amended, on , by section 56(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                    • Section 330(1)(c): amended, on , by section 150(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 330(1)(ca): inserted, on , by section 56(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                    • Section 330(1)(f): amended, on , by section 150(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 330(1A): inserted, on , by section 120(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                    • Section 330(2A): inserted, on , by section 120(2) of the Resource Management Amendment Act 2005 (2005 No 87).
                    • Section 330(4): inserted, on , by section 18 of the Resource Management Amendment Act 1994 (1994 No 105).
                    • Section 330(5): inserted, on , by section 56(5) of the Resource Management Amendment Act 2013 (2013 No 63).