Plain language law

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Litter Act 1979

Powers and duties of public authorities and others

9: Receptacles to be provided in public places

You could also call this:

"Public places must have enough litter bins to keep them clean and free from rubbish."

You need to keep public places clean and free from litter. If you are in charge of a public place, you must provide enough litter bins to collect rubbish. You have to make sure these bins are the right type and can hold all the litter that people might throw away.

If litter from a particular property is getting into a public place, the person in charge of the public place can ask the property owner to stop this from happening. The property owner must take reasonable steps to prevent litter from escaping onto the public place.

If a property is producing a lot of litter that is getting into a public place, the person in charge of the public place can ask the property owner to provide litter bins in the public place. The property owner must provide enough bins to keep the public place clean.

If the property owner does not do what they are asked, the person in charge of the public place can take action themselves and charge the property owner for the cost. You also need to empty the litter bins regularly and get rid of the rubbish in a proper way.

The person in charge of the public place must make sure the bins are emptied often enough to keep the place clean and healthy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM33440.

Topics:
Environment and resources > Conservation
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8: Litter Wardens, or

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

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10: Territorial authority may require occupier of private land to clear litter, or

"Council can ask you to clean up litter on your private land"

9Receptacles to be provided in public places

  1. Every person, public authority, and department of State shall at all times provide and maintain in every public place under his or its control or management where litter is likely to be deposited, such number of litter receptacles of suitable construction and design for the temporary deposit of litter as may reasonably be necessary to keep the place free from litter.

  2. Where litter generated on or attributable to any particular land or premises is likely to be carried or to otherwise escape from that land or those premises onto a public place, the public authority in control of the public place or within whose district it is situated may require the occupier of the land or premises to take all reasonable steps to prevent such litter being carried or escaping onto the public place.

  3. Where it can be shown that excessive litter is attributable to or emanates from any particular land or premises, the public authority in whose district or jurisdiction that land or premises is situated may require the occupier of the land or premises to provide and maintain such number of litter receptacles of suitable construction or design in any public place adjacent to or within the vicinity of the land or premises for the temporary deposit of litter as may reasonably be necessary to ensure that the public place may be kept free of that litter.

  4. Where any occupier fails to comply with any proper request of a public authority to take reasonable steps to prevent litter being carried or escaping under subsection (2) or to provide suitable litter receptacles in accordance with subsection (3), the authority itself may take those steps or provide and install those receptacles, and may recover the cost of so doing from the occupier as a debt due to the public authority.

  5. Every public authority shall also make appropriate provision for the emptying of the contents of litter receptacles situated within public places under its control or in its district and for the removal and disposal of those contents. The work shall be executed promptly, efficiently, and at regular and prescribed intervals to the satisfaction of the Medical Officer of Health appointed for the health district in which the public place is situated.

  6. Repealed
Compare
  • 1968 No 134 s 8
Notes
  • Section 9(6): repealed, on , by section 262 of the Local Government Act 2002 (2002 No 84).