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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:

"Stopping emergencies from causing harm or damage to people, property, or the environment"

Illustration for Resource Management Act 1991

If you are in charge of a public work, a natural and physical resource, or a project, and you think it will be affected by an emergency, you can take action to prevent or 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 a sudden event that could cause loss of life, injury, or serious damage to property.

If you are a local authority or consent authority, you can enter a place without notice to take action to prevent or fix an emergency. You must identify yourself and tell the occupier why you are there as soon as possible. However, if the occupier is not available, you can leave a notice with the required information or serve a written notice on the ratepayer.

There are some exceptions to this rule, such as emergencies involving marine oil spills, which are covered by section 281 of the Maritime Transport Act 1994. A lifeline utility is defined as a utility that provides essential services, as described in section 4 of the Civil Defence Emergency Management Act 2002, but does not include network utility operators. You can find more information about lifeline utilities in section 330A and the Local Government (Rating) Act 2002.

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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 managementEnvironment and resources > ConservationEnvironment 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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Part 12Declarations, 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. However, if the occupier cannot be found in the place, subsection (3) is satisfied, and the local authority or consent authority is not required to take further action to contact the occupier, if—

                    4. there is displayed in a prominent place on the land a notice that gives the date of entry, the time of entry, the reasons for entry, and the contact details of a person who can provide further information; and
                      1. as soon as practicable after entering the land, the local authority or consent authority serves written notice (containing the same information as in paragraph (a)) on the person who is the ratepayer for the land for the purposes of the Local Government (Rating) Act 2002.

                        1. 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.

                        2. 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(3A): inserted, on , by section 78 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                        • 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).