Local Government Act 1993

A council may order a person to do or to refrain from doing a thing specified in Column 1 of the following Table if the circumstances specified opposite it in Column 2 of the Table exist and the person comes within the description opposite it in Column 3 of the Table.

Note.

This section does not affect the power of a council to give an order (or a notice or direction) under the authority of another Act.

For example, some of those Acts and the orders (or notices or directions) that may be given include—

Food Act 2003

(by delegation) improvement notice or prohibition order

Protection of the Environment Operations Act 1997

environment protection notices

Public Health Act 2010

direction concerning maintenance or use of certain regulated systems

Roads Act 1993

order preventing the passage of traffic along a road or tollway

order for the removal of an obstruction or encroachment on a road

Swimming Pools Act 1992

order requiring owner of swimming pool to bring it into compliance with the Act

A person who fails to comply with an order is guilty of an offence—see sec 628.

Table

Orders

Orders requiring or prohibiting the doing of things to or on premises

Column 1

Column 2

Column 3

To do what?

In what circumstances?

To whom?

1

To demolish or remove a building

Owner of building

2 (Repealed)

3

To repair or make structural alterations to a building

Owner of building

4 (Repealed)

5

To take such action as is necessary to bring into compliance with relevant standards or requirements set or made by or under this Act or under the Local Government Act 1919—

Failure to comply with relevant standards or requirements set or made by or under this Act or under the Local Government Act 1919

Owner, occupier or manager or, in the case of a water meter, water supply or sewerage system in respect of which a defect occurs in work due to faulty workmanship of, or defective material supplied by, a licensed contractor (being the holder of a licence in force under the Home Building Act 1989 authorising the holder to contract to do the work) within 12 months after the work is carried out or the material is supplied, the licensed contractor

6 (Repealed)

7

To fence land

Public health, safety or convenience renders it necessary or expedient to do so and there is no adequate fence between the land and a public place

Owner or occupier of land

8

To identify premises with such numbers or other identification in such manner as is specified in the order

Premises have a frontage to or entrance from a road and there are no markings that can readily be seen and understood from the road

Owner or occupier of land

9

To fence, empty, fill in or cover up a hole or waterhole in the manner specified in the order

Hole or waterhole is or may become dangerous to life

Owner or occupier of land

10

To remove or stack articles or matter, to cover articles or matter, to erect fences or screens or to plant trees

Land is in the immediate vicinity of a public place and is used for the storage of articles or matter so as to create or be likely to create unsightly conditions

Owner or occupier of land

11

To do or to refrain from doing such things as are specified in the order to prevent environmental damage, to repair environmental damage or to prevent further environmental damage

Work carried out on land has caused or is likely to cause environmental damage, being damage to the physical environment that is caused by—

not being environmental damage arising from premises, works or equipment the subject of a licence issued under the Protection of the Environment Operations Act 1997 or the subject of a notice or direction issued by a regulatory authority under that Act

Owner or occupier of land

12

To do such things as are necessary to control the flow of surface water across land

Other land, or a building on the land or other land, is being damaged or is likely to be damaged

Owner or occupier of land

13, 14 (Repealed)

Orders requiring that premises be used or not used in specified ways

Column 1

Column 2

Column 3

To do what?

In what circumstances?

To whom?

15

Not to conduct, or to cease conducting, an activity on premises (whether or not the activity is approved under this Act)

The activity constitutes or is likely to constitute—

and is not regulated or controlled under any other Act by a public authority

Any person apparently engaged in promoting, conducting or carrying out the activity

15A (Repealed)

16

To cease the use of premises or to evacuate premises

A person to whom order No 15 is given has failed to comply with the order

The person to whom order No 15 is given

17

To leave premises or not to enter premises

A person to whom order No 15 is given has failed to comply with the order

Any person

18

Not to keep birds or animals on premises, other than of such kinds, in such numbers or in such manner as specified in the order

Birds or animals kept on premises are—

Occupier of premises

19

To use or not to use a tennis court as specified

Actual or likely annoyance or threat to the safety of neighbours or users of a public place

Occupier of land

Orders requiring the preservation of healthy conditions

Column 1

Column 2

Column 3

To do what?

In what circumstances?

To whom?

20

To do such things as are specified in the order to put premises, vehicles or articles used for the manufacture, preparation, storage, sale, transportation or other handling or use of or in relation to food into a clean or sanitary condition

The premises, vehicle or article is not in a clean or sanitary condition

Owner or occupier of premises or owner or operator of vehicle or article

21

To do or refrain from doing such things as are specified in the order to ensure that land is, or premises are, placed or kept in a safe or healthy condition

The land or premises are not in a safe or healthy condition

Owner or occupier of land or premises

22

To store, treat, process, collect, remove, dispose of or destroy waste which is on land or premises in the manner specified in the order, provided that it is not inconsistent with regulations made under the Protection of the Environment Operations Act 1997

Waste is present or generated on the land or premises and is not being dealt with satisfactorily, and is not regulated or controlled by, or subject to, a licence or notice granted or issued under the Protection of the Environment Operations Act 1997

Owner or occupier of land or premises, owner of or person responsible for the waste or for any receptacle or container in which the waste is contained

22A

To remove or dispose of waste that is on any residential premises or to refrain from keeping waste on those premises

The waste is causing or is likely to cause a threat to public health or the health of any individual

Owner or occupier of the premises

23

To connect premises to a water supply by a specified date

The premises are situated within 225 metres of a water pipe

Owner or occupier of land

24

To connect premises with a sewerage system by a specified date

The premises are situated within 75 metres of a sewer

Owner or occupier of premises

25

Not to use or permit the use of a human waste storage facility on premises after a specified date

It is necessary for the purpose of protecting public health

Owner or occupier of premises

Orders requiring the protection or repair of public places

Column 1

Column 2

Column 3

To do what?

In what circumstances?

To whom?

26 (Repealed)

27

To remove an object or matter from a public place or prevent any object or matter being deposited there

The object or matter—

Person causing obstruction or encroachment or owner or occupier of land from which the object or matter emanates or is likely to emanate

28

To take whatever steps are necessary to prevent damage to a public place and to repair damage to a public place

There is actual or likely damage—

Person responsible for the excavation or the removal of the material

Owner or person entitled to the benefit of the work or structure

Owner or occupier of land from which surface drainage flows or from which spray emanates

29

To alter or repair a work or structure on, over or under a public place

It is in the public interest to do so

Owner of the work or structure

Orders requiring compliance with approval

Column 1

Column 2

Column 3

To do what?

In what circumstances?

To whom?

30

To comply with an approval

The approval is not being complied with

Person entitled to act on the approval or person acting otherwise than in compliance with the approval

Note.

See also Part 4 of the Building Products (Safety) Act 2017.