Waste Minimisation Act 2008

Offences and enforcement - Enforcement officer powers

81: Seizure of property not on private land

You could also call this:

"Enforcement officers can take away property not on private land if it's being used to break the law."

Illustration for Waste Minimisation Act 2008

If you have property that is not on private land, an enforcement officer can take it away if it is being used to break the law. The officer can only do this if it is reasonable to take the property and if you are with the property when the officer decides to take it. Before taking the property, the officer must tell you to stop breaking the law, warn you that they will take the property if you do not stop, and give you a chance to stop.

After taking the property, the officer must tell you or the owner of the property what has happened as soon as possible. If the officer cannot tell you in person, they must send a notice to you or the owner within a week. The notice must describe the property, say when and why it was taken, and give the name of the officer who took it. It must also tell you where you can go to ask about the property.

The officer can only take property if it is being used to break the law, which includes breaking the Waste Minimisation Act 2008 or a bylaw, as explained in section 82.

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This page was last updated on 30 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154672.

Topics:

Crime and justice > Police and safetyEnvironment and resources > Conservation

80: Consent or warrant required to inspect dwellinghouse or marae, or

"Enforcement officers need your okay or a special paper to enter your home or marae"

82: Seizure of property from private land, or

"Enforcement officers can take property from private land if it's involved in a crime, with a special warrant."

Part 5Offences and enforcement
Enforcement officer powers

81Seizure of property not on private land

An enforcement officer may seize and impound property that is not on private land if—
the property is materially involved in the commission of an offence; and
it is reasonable in the circumstances to seize and impound the property; and
the property is in possession of a person at the time the officer proposes to seize and impound it, and before seizing and impounding it, the officer—
1. directs (orally or in writing) the person committing the offence to stop committing the offence; and
2. advises (orally or in writing) the person committing the offence that, if he or she does not stop committing the offence, the enforcement officer has the power to seize and impound the property; and
3. provides the person with a reasonable opportunity to stop committing the offence.

As soon as practicable after seizing and impounding property, an enforcement officer must give notice—
to the person in possession of the property at the time it was seized and impounded; or
to any person who the enforcement officer can ascertain is the owner of, or has an interest in, the property, if paragraph (a) does not apply.

A notice given in accordance with subsection (2)(b) must be delivered, or sent by registered mail, not later than 7 working days after the property concerned was seized.
A notice must—
include a description of the property seized; and
state the date and time that the property was seized; and
state that the property was seized under this section; and
state the name of the enforcement officer who seized the property; and
include the address of the place where inquiries can be made in relation to the property.

In this section and section 82, offence—
means an offence against this Act; and
includes an offence against a bylaw.