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Natural Environment Bill

Enforcement and other matters - Emergency works

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

You could also call this:

"Stopping environmental dangers quickly"

Illustration for Natural Environment Bill

If you think a public work, natural resource, or project is in danger, you can take action. You can do this if the danger is caused by an adverse effect on the environment or a sudden event. You must try to remove the cause of the danger or minimise its effects. If you are in charge of a public work or natural resource, you can enter a place to take action. You can do this without notice if it is an emergency, but you must follow certain rules. You must tell the occupier of the place why you are there and what you are doing. There are some exceptions to these rules, such as if the emergency involves a marine oil spill. In this case, different rules apply. You should know that a lifeline utility is an organisation that provides essential services, such as power or water. If you enter a place under this section, you must identify yourself and explain why you are there. You must do this as soon as possible after entering the place. This section does not change the rules in certain other sections, such as sections 17, 18, 19, 12, and 20. Note that this section is part of a proposed bill, which is a proposed change to existing law. It is not yet in force, but it may become law in the future. You can find more information about the Planning Act 2025 and the Civil Defence Emergency Management Act 2002 on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1521382.

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Topics:
Environment and resources > ConservationEnvironment and resources > Climate and energyEmergency management > Emergency management
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302: Natural resource permits for emergency works, or

"Notifying and getting permission for emergency work on someone else's land"

Part 6Enforcement and other matters
Emergency works

301Emergency 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 work or core infrastructure operation for which any core infrastructure operator is approved as a designating authority under clause 10 of Schedule 5 of the Planning Act 2025; or
        1. any service or system that any lifeline utility operates or provides—
            1. is, in the opinion of the person, authority, network utility operator, or lifeline utility, affected by or likely to be affected by—
          1. an adverse effect on the natural environment which requires immediate preventive measures; or
            1. an adverse effect on the natural 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 sections 17, 18, 19, 12, and 20 do not apply to any activity undertaken by or on behalf of that person, authority, network utility 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. Where 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. Sections 17, 18, 19, 12, and 20 do 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 himself or herself 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 302, 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 network utility operator to which subsection (1)(c) applies.