Litter Act 1979

2 Interpretation

  • (1) In this Act, unless the context otherwise requires,—

    depositing, in relation to litter, includes—

    • (a) casting, placing, throwing, or dropping litter; and

    • (b) allowing litter to be cast, thrown, dropped, or to escape, from any motor vehicle or trailer

    infringement offence means any offence specified under section 15(1)

    litter includes any refuse, rubbish, animal remains, glass, metal, garbage, debris, dirt, filth, rubble, ballast, stones, earth, or waste matter, or any other thing of a like nature

    Litter Control Officer or Officer means any person appointed or deemed to have been appointed as such under section 5 or section 6

    Litter Warden or Warden means any person appointed as such under section 8

    occupier, in relation to any land or premises, means any lessee, licensee, or other occupant of the land, and includes the owner or the agent of the owner where there is no apparent occupier

    private land means every place other than a public place

    public authority means—

    • (a) a territorial authority, the New Zealand Transport Agency, the Wellington Regional Water Board, the Auckland Harbour Bridge Authority, a harbour board, an airport authority within the meaning of section 2 of the Airport Authorities Act 1966, and an administering body within the meaning of section 2 of the Reserves Act 1977:

    • (b) in relation to any cemetery, any persons for the time being holding office as trustees of that cemetery under the Burial and Cremation Act 1964:

    • (c) all other bodies or classes of bodies which by any Act, or by the Governor-General in Council, are from time to time declared to be public authorities for the purposes of this Act

    public place includes—

    • (a) every motorway, road, street, private street, footpath, access way, service lane, court, mall, and thoroughfare:

    • (b) any public reserve within the meaning of section 2 of the Reserves Act 1977 to which the public generally has access, whether with or without payment of any fee, and any reserve under that Act classified as a nature reserve or a scientific reserve:

    • (c) any park, garden, or other place of public recreation to which the public has access, whether with or without payment of any fee:

    • (d) any beach or foreshore, or the bank of any river or stream, or the margin of any lake, to which the public traditionally has access, whether with or without payment of any fee:

    • (e) any waters to which the public traditionally has access, whether with or without payment of any fee, for bathing or other recreational purposes:

    • (f) every wharf, pier, or jetty (whether under the control of a harbour board or not) to which the public has access:

    • (h) any airport within the meaning of section 2 of the Airport Authorities Act 1966:

    • (i) any cemetery within the meaning of section 2 of the Burial and Cremation Act 1964:

    • (j) any land vested in or controlled by any local authority (within the meaning of section 5(1) of the Local Government Act 2002) or the Crown, being land that is not occupied pursuant to any lease, licence, or other authority by any private person:

    • (l) any other place whether public or private in the open air, including any walkway within the meaning of section 4 of the Walking Access Act 2008, to which the public has access, whether with or without payment of any fee,—

    but does not include any site for the disposal of litter, or any receptacle installed in any such public place pursuant to this Act or any other Act

    territorial authority means a territorial authority within the meaning of the Local Government Act 2002

    traffic officer means an enforcement officer under the Land Transport Act 1998.

    (2) Any appointment made by the Governor-General in Council pursuant to paragraph (c) of the definition of the term public authority in subsection (1) may, in like manner, be varied or revoked at any time.

    Compare: 1968 No 134 s 2

    Section 2(1) depositing paragraph (b): amended, on 28 June 2006, by section 4 of the Litter Amendment Act 2006 (2006 No 24).

    Section 2(1) Litter Control Council: repealed, on 17 December 1985, by section 2(2) of the Litter Amendment Act 1985 (1985 No 185).

    Section 2(1) public authority paragraph (a): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

    Section 2(1) public authority paragraph (a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2(1) public authority paragraph (a): amended, on 1 April 1981, by section 80(1) of the National Parks Act 1980 (1980 No 66).

    Section 2(1) public place paragraph (g): substituted, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).

    Section 2(1) public place paragraph (j): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 2(1) public place paragraph (k): amended, on 1 April 1981, by section 80(1) of the National Parks Act 1980 (1980 No 66).

    Section 2(1) public place paragraph (l): amended, on 30 September 2008, by section 82 of the Walking Access Act 2008 (2008 No 101).

    Section 2(1) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 2(1) traffic officer: substituted, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).