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Planning Bill

Enforcement and other matters - Emergency works

275: Emergency works and power to take preventive or remedial action

You could also call this:

"Stopping Environmental Problems Quickly"

Illustration for Planning Bill

If you think something is affecting or might affect the environment, you can take action. This is if it needs immediate attention to prevent or fix the problem. You can do this even if it means not following the usual rules in section 17. You can take action if there is a sudden event that might cause loss of life or damage. This applies even if you could not have predicted the event. If you are in charge of a public work or area, you can enter a place to take action. You must tell the person who lives or works there what you are doing and why. If you cannot find the person, you must leave a notice with your contact details. You must also tell the ratepayer as soon as possible. There are some exceptions to this rule, such as oil spills in the sea. In this section, a lifeline utility is an organisation that provides essential services, but not a core infrastructure operator. You must identify yourself and explain why you are entering a place as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1534733.

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Topics:
Environment and resources > ConservationEnvironment and resources > Climate and energyGovernment and voting > Emergency managementHousing and property > Land use
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Part 6Enforcement and other matters
Emergency works

275Emergency works and power to take preventive or remedial action

  1. Where—

  2. any public work for which any person has financial responsibility; or
    1. any natural and physical resource or area for which a local authority or permit authority has jurisdiction under this Act; or
      1. any project or infrastructure operation for which any core infrastructure operator is approved as a designating authority under clause 10 or 11 of Schedule 5; or
        1. any service or system that any lifeline utility operates or provides—
            1. is, in the opinion of the person, authority, core infrastructure operator, or lifeline utility, affected by or likely to be affected by—
          1. an adverse effect on the environment which requires immediate preventive measures; or
            1. an adverse effect on the environment which requires immediate remedial measures; or
              1. any sudden event causing or likely to cause loss of life, injury, or serious damage to property—
                  1. the provisions of section 17 do not apply to any activity undertaken by or on behalf of that person, authority, core infrastructure operator, or lifeline utility to remove the cause of, or minimise any actual or likely adverse effect of, the emergency.

                1. Subsection (1) applies whether or not the adverse effect or sudden event was foreseeable.

                2. If a local authority or permit authority—

                3. has financial responsibility for any public work; or
                  1. has jurisdiction under this Act in respect of any natural and physical resource or area—
                      1. which is, in the reasonable opinion of that local authority or permit authority, likely to be affected by any of the conditions described in paragraphs (d) to (f) of subsection (1), the local authority or permit authority by its employees or agents may, without prior notice, enter any place (including a dwellinghouse when accompanied by a constable) and may take such action, or direct the occupier to take such action, as is immediately necessary and sufficient to remove the cause of, or minimise any actual or likely adverse effect of, the emergency.

                    1. However, if the occupier cannot be found in the place, subsection (3) is satisfied, and the local authority or permit authority is not required to take further action to contact the occupier, if—

                    2. there is displayed in a prominent place on the land a notice that gives the date of entry, the time of entry, the reasons for entry, and the contact details of a person who can provide further information; and
                      1. as soon as practicable after entering the land, the local authority or permit authority serves written notice (containing the same information as in paragraph (a)) on the person who is the ratepayer for the land for the purposes of the Local Government (Rating) Act 2002.

                        1. Section 17 does not apply to any action taken under subsection (2).

                        2. As soon as practicable after entering any place under this section, every person must identify themselves and inform the occupier of the place of the entry and the reasons for it.

                        3. Nothing in this section authorises any person to do anything in relation to an emergency involving a marine oil spill or suspected marine oil spill within the meaning of section 281 of the Maritime Transport Act 1994.

                        4. In this section and section 276, lifeline utility means a lifeline utility within the meaning of section 4 of the Civil Defence Emergency Management Act 2002 other than a lifeline utility that is a core infrastructure operator to which subsection (1)(c) applies.