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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:

“Fixing problems in emergencies, even if it means breaking some rules”

If you are in charge of a public work or a natural resource, and it is affected by an emergency, you can take action to fix the problem. You can do this even if it means not following some of the usual rules, such as those in sections 9, 12, 13, 14, and 15. This can include things like stopping environmental damage or preventing loss of life.

If a local authority is in charge of a public work or natural resource, they can enter a property to take action to fix an emergency. They must identify themselves and tell the property owner why they are there. This rule does not apply to oil spills in the ocean, which are covered by section 281 of the Maritime Transport Act 1994.

A lifeline utility is a company that provides essential services, and is defined in section 4 of the Civil Defence Emergency Management Act 2002. This rule applies to lifeline utilities, except for those that are also network utility operators. You can find more information about network utility operators in section 167.

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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 Environment and resources > Conservation Environment and resources > Town planning
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329A: Interpretation, or

"What words in the law mean, for the Resource Management Act"

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

"Changing rules for people in charge of affected areas"

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).