Health Act 1956

Powers and duties of local authorities - Nuisances

34: Power to abate nuisance without notice

You could also call this:

"Fixing a nuisance on your property without warning"

If you have a nuisance on your premises, the engineer or environmental health officer of your local authority can take action. They can enter your premises without telling you and fix the problem if they think it's an emergency. They can bring helpers if they need to.

The local authority will pay for the work to fix the nuisance, but then they can ask the owner or occupier of the premises to pay them back. You will have to pay the local authority the money they spent as if it's a normal debt.

You can find more information about changes to this rule in the Health Amendment Act 1988.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306949.


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Part 2Powers and duties of local authorities
Nuisances

34Power to abate nuisance without notice

  1. Where by reason of the existence of a nuisance on any premises within the district of any local authority immediate action for the abatement of the nuisance is necessary in the opinion of the engineer or environmental health officer of the local authority, the engineer or environmental health officer, with such assistants as may be necessary, and without notice to the occupier, may enter on the premises and abate the nuisance.

  2. All expenses incurred in the abatement of a nuisance under this section shall be recoverable from the owner or the occupier of the premises in respect of which they are incurred, as a debt due to the local authority.

Notes
  • Section 34(1): amended, on , pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).