Health Act 1956

Powers and duties of local authorities - Offensive trades

54: Restrictions on carrying on offensive trade

You could also call this:

"Rules for starting a business that might smell bad or be annoying"

If you want to start an offensive trade, like a business that makes bad smells, you need to get permission from your local council and the medical officer of health first. You also need to follow any conditions they give you. If you stop doing the trade for two years or more, you will need to get permission again if you want to start it up again. You can only do an offensive trade in a place that is registered by the local council. If your trade is near another council's area, the council that gives you permission must tell the other council. The other council can appeal against the permission within three months, and you cannot start your trade until the appeal is heard, unless the other council says it does not intend to appeal. You must register your premises with the local council to do an offensive trade, and the council can refuse to register or renew the registration if it wants to. If you do not follow the rules, you can get fined up to $1,000, and $100 for each day you keep doing the trade when you are not supposed to. Some trades do not have to follow these rules if they have a resource consent under the Resource Management Act 1991.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307023.

53C: Advances by local authority to owners, or

"Local council helps building owners with money to follow rules"

55: Appeal against decision refusing consent for offensive trade or refusing registration of premises for offensive trade, or

"Appealing a decision about starting a smelly or messy business"

Part 2Powers and duties of local authorities
Offensive trades

54Restrictions on carrying on offensive trade

No person shall establish any offensive trade within the district of any local authority, or erect or extend any premises for the purposes of or in connection with any offensive trade, except with the prior consent in writing of the local authority and of the medical officer of health and subject to such conditions as the local authority or the medical officer of health may impose. For the purposes of this subsection a person who recommences an offensive trade in any premises after not less than 2 years' disuse of those premises for the purposes of any such trade shall be deemed to establish an offensive trade.
Where any local authority consents to the establishment of any offensive trade under this section, and the premises or proposed premises on which the offensive trade is to be carried on are or will be situated within 8 kilometres of any part of the boundary of the district of any other local authority, the consenting local authority shall forthwith give notice in writing to that other local authority of the fact that the consent has been given. In any such case, the consent shall not take effect until after the expiry of 3 months from the date of the notice or, if within that period that other local authority gives notice of appeal under section 55, until the appeal is heard and the consent is confirmed by the District Court: provided that if within the said period of 3 months that other local authority notifies the consenting local authority that it does not intend to appeal against the consent, the consent shall thereupon take effect.
No person shall carry on any offensive trade except on premises for the time being registered by the local authority in accordance with regulations made under this Act.
No person shall carry on any offensive trade established in contravention of subsection (1), or carry on any offensive trade in any premises erected or extended in contravention of that subsection.
Any local authority may, in its discretion, refuse to register or to renew the registration of any premises under this section, and, subject to any regulations made under this Act, may impose such conditions as it thinks fit in respect of the registration or renewal of registration of the premises.
Every person who acts in contravention of or fails to comply in any respect with any provision of this section or any condition prescribed under this section commits an offence and is liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day on which the offence has continued.
Nothing in this section relating to local authorities (including consents and registration) shall apply to any offensive trade where a resource consent for that activity has been granted under the Resource Management Act 1991.

Notes

Section 54(2): amended, on 14 November 2018, by section 72 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 54(2): amended, on 23 November 1973, by section 4(1) of the Health Amendment Act 1973 (1973 No 111).
Section 54(5) proviso: repealed, on 1 April 1974, by section 4(2) of the Health Amendment Act 1973 (1973 No 111).
Section 54(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 54(6): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).
Section 54(7): replaced, on 23 July 1993, by section 3 of the Health Amendment Act (No 3) 1993 (1993 No 71).
Section 54(7): amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).