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Waste Minimisation Act 2008

Offences and enforcement - Enforcement officers

76: Enforcement officers

You could also call this:

"People chosen to help make sure others follow waste rules are called enforcement officers"

Illustration for Waste Minimisation Act 2008

The Secretary can choose someone to be an enforcement officer to make sure people follow the rules made under the Waste Minimisation Act, except for some rules made under section 23(1)(a). You can also be chosen as an auditor to be an enforcement officer to check if people are following the rules during an audit, using the power of entry under section 79(1)(a). The Secretary or a territorial authority can appoint you as an enforcement officer.

A territorial authority can choose someone to be an enforcement officer in their area to make sure people follow the rules made under section 23(1)(a) or the authority's own bylaws made under section 56. To be an enforcement officer, you need to have the right experience, skills, and qualifications for the job. The Secretary or territorial authority will give you a warrant with your name and the powers you have under the Act.

When your job as an enforcement officer ends, you must give your warrant back to the Secretary or the territorial authority. The warrant is like an identity card that shows you are an enforcement officer and what you are allowed to do. You need to follow the rules and use your powers correctly while you have the warrant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154662.

Topics:
Environment and resources > ConservationEnvironment and resources > Waste managementGovernment and voting > Local councils
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75: Entitlement to infringement fees, or

"Paying a fee when you break waste rules"

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77: Exercise of powers, or

"Old rules about using powers to reduce waste, no longer used since 2012"

Part 5Offences and enforcement
Enforcement officers

76Enforcement officers

  1. The Secretary may appoint—

  2. a person to be an enforcement officer for the purposes of ensuring compliance with regulations made under this Act (except any regulations made under section 23(1)(a)); or
    1. an auditor to be an enforcement officer for the purposes of exercising the power of entry under section 79(1)(a) in relation to an audit.

      1. A territorial authority may appoint a person to be an enforcement officer in its district—

      2. for the purposes of ensuring compliance with any regulations made under section 23(1)(a):
        1. for the purposes of ensuring compliance with any bylaw made by the territorial authority under section 56.

          1. A person must not be appointed as an enforcement officer unless the person has appropriate experience, technical competence, and qualifications relevant to the area of responsibilities proposed to be allocated to that person.

          2. The Secretary or the territorial authority, as the case may be, must supply each enforcement officer with a warrant that states—

          3. the full name of the person; and
            1. the powers conferred on the person under this Act.

              1. An enforcement officer who holds a warrant issued under this section must, on the termination of his or her appointment, surrender the warrant to the Secretary or the territorial authority, as the case may be.