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Litter Act 1979

Litter Control Officers

7: Powers and duties of Officers

You could also call this:

"What Litter Control Officers can and must do to stop littering"

If you are a Litter Control Officer, you have the power to enforce the rules about litter. You can stop people from throwing litter in public places or on private land without the owner's permission. You can also stop people from damaging litter bins in public places. If you see someone throwing litter, you can ask them to pick it up and throw it away properly. You can ask people for their names and addresses if you think they have thrown litter from a car or trailer, or if you think they have broken the litter rules. You can go onto private land to do your job if the owner says it is okay. If you catch someone breaking the litter rules, you can ask them for their name and address, for example, if they have broken the rules in section 15 or section 16, or section 11 of the Summary Offences Act 1981.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM33435.

Topics:
Crime and justice > Police and safetyEnvironment and resources > Conservation
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6: Other Litter Control Officers, or

"Who can be a Litter Control Officer to help keep New Zealand clean"

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8: Litter Wardens, or

"People chosen by councils to help keep public places clean and tidy are called Litter Wardens"

7Powers and duties of Officers

  1. Every Officer appointed by a public authority who is for the time being in possession of his or her warrant of appointment, and every other Officer who is in possession of a warrant or other evidence of that Officer's authority to act as such, is authorised to enforce the provisions of this Act and may, without further authority than this section, summarily intervene to prevent any of the following:

  2. the deposit or attempted deposit of litter in any public place in which the Officer is authorised to act:
    1. the deposit or attempted deposit of litter from any such public place onto private land, if the Officer has good reason to believe the deposit or attempted deposit has been or is being made without the consent of the occupier of that private land:
      1. the wilful damage or attempted wilful damage of any litter receptacle in any such public place.

        1. Where any such Officer finds a person depositing litter (whether inadvertently or otherwise) in a public place in which he is authorised to act or from any such public place onto private land without the consent of the occupier of that private land, or has good cause to believe that a person has deposited litter (whether inadvertently or otherwise) in or onto any such place or land, the Officer may require that person to remove the litter from that place or land and to dispose of it in such a manner as the Officer may direct or as will not contravene the provisions of this Act.

        2. Where any such Officer has reasonable cause to believe litter has been deposited from any motor vehicle or trailer he may require the user or owner of the motor vehicle or trailer, on that motor vehicle or trailer being stationary, to give his name and place of residence and also the name and place of residence of any other person or persons whom the Officer has reason to believe deposited litter from that motor vehicle or trailer, and the user or owner of the motor vehicle or trailer shall on such demand give the information requested.

        3. An Officer may, if permitted or requested to do so by the occupier of any private land, enter that land if so required for the discharge of his duty.

        4. If any such Officer—

        5. finds a person committing an offence against—
          1. section 15 or section 16; or
            1. section 11 of the Summary Offences Act 1981, if the offence relates to any litter receptacle in any such public place; or
            2. has good cause to believe that a person has committed such an offence,—
                1. the Officer may require that person to state his or her name and address.

              Compare
              • 1968 No 134 ss 6, 7
              Notes
              • Section 7(1): substituted, on , by section 4(1) of the Litter Amendment Act 1990 (1990 No 9).
              • Section 7(5): substituted, on , by section 4(2) of the Litter Amendment Act 1990 (1990 No 9).