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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Emergency works

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

You could also call this:

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

This law applies when a local or consent authority enters land in an affected area during a severe weather event, and they can’t find the person living there. Here’s what you need to know:

If the authority puts up a clear notice on the land with the date they entered, why they entered, and who to contact for more information, they don’t need to do anything else to try and reach the person living there.

The authority also needs to send a written notice with the same information to the person who pays rates for that land as soon as they can after entering.

This rule is only temporary and will stop being used after 1 October 2024.

Remember, this is a special rule that only applies in affected areas during severe weather events. It makes it easier for authorities to do important work quickly when they can’t find the people living on the land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS824360.

Topics:
Government and voting > Local councils
Government and voting > Emergency management
Environment and resources > Conservation
Environment and resources > Climate and energy
Housing and property > Land use
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330: Emergency works and power to take preventive or remedial action, or

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

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330A: Resource consents for emergency works, or

“This law explains how to get permission for work done in emergencies after it has already happened.”

Part 12 Declarations, enforcement, and ancillary powers
Emergency works

330AAAModification of requirements in section 330(3) for authorities in affected areas

  1. This section applies if, because of or in connection with the impacts of a severe weather event, a local authority or consent authority acting under section 330(2) enters a place on land within an affected area when the occupier cannot be found there.

  2. Section 330(3) is satisfied, and the local authority or consent authority is not required to take further action to contact the occupier, if—

  3. there is displayed in a prominent place on the land a notice that gives the date 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. This section is repealed on the close of 1 October 2024.

      Notes
      • Section 330AAA: inserted, on , by section 18 of the Severe Weather Emergency Legislation Act 2023 (2023 No 4).