Local Government Act 1993

A council employee who is authorised in writing by the Commissioner of Police for the purposes of this section (enforcement officer) may give a direction to a person in a public place if the enforcement officer believes, on reasonable grounds, that the person’s behaviour or presence in the place is obstructing another person or persons or traffic.

A direction given by an enforcement officer under this section must be reasonable in the circumstances for the purpose of reducing or eliminating the obstruction.

A person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this section.

A person is not guilty of an offence under this section unless it is established that the person persisted, after the direction concerned was given, to engage in the relevant conduct.

The other person or persons referred to in subsection (1) need not be in the public place but must be near that place at the time the relevant conduct is being engaged in.

Part 15 of the Law Enforcement (Powers and Responsibilities) Act 2002 (Safeguards relating to powers) applies to the exercise of a power under this section by an enforcement officer in the same way as that Part applies to a police officer.

This section does not authorise an enforcement officer to give directions in relation to—

an industrial dispute, or

an apparently genuine demonstration or protest, or

a procession, or

an organised assembly.