Resource Management Act 1991

330 Emergency works and power to take preventive or remedial action

• (1) Where—

  • (a) any public work for which any person has financial responsibility; or

  • (b) any natural and physical resource or area for which a local authority or consent authority has jurisdiction under this Act; or

  • (c) any project or work or network utility operation for which any network utility operator is approved as a requiring authority under section 167—

  is, in the opinion of the person or the authority or the network utility operator, affected by or likely to be affected by—

  • (d) an adverse effect on the environment which requires immediate preventive measures; or

  • (e) an adverse effect on the environment which requires immediate remedial measures; or

  • (f) any sudden event causing or likely to cause loss of life, injury, or serious damage to property—

  the provisions of sections 9, 12, 13, 14, and 15 shall not apply to any activity undertaken by or on behalf of that person, authority, or network utility operator to remove the cause of, or mitigate any actual or likely adverse effect of, the emergency.

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

  (2) Where a local authority or consent authority—

  • (a) has financial responsibility for any public work; or

  • (b) has jurisdiction under this Act in respect of any natural and physical resource or area—

  which is, in the reasonable opinion of that local authority or consent authority, likely to be affected by any of the conditions described in paragraphs (d) to (f) of subsection (1), the local authority or consent 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 mitigate any actual or likely adverse effect of, the emergency.

  (2A) Sections 9, 12, 13, 14, and 15 do not apply to any action taken under subsection (2).

  (3) 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.

  (4) Nothing in this section shall authorise 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.

  Section 330 heading: amended, on 20 August 1998, by section 18 of the Resource Management Amendment Act 1994 (1994 No 105).

  Section 330(1)(c): amended, on 7 July 1993, by section 150(1) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 330(1)(f): amended, on 7 July 1993, by section 150(2) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 330(1A): inserted, on 10 August 2005, by section 120(1) of the Resource Management Amendment Act 2005 (2005 No 87).

  Section 330(2A): inserted, on 10 August 2005, by section 120(2) of the Resource Management Amendment Act 2005 (2005 No 87).

  Section 330(4): inserted, on 20 August 1998, by section 18 of the Resource Management Amendment Act 1994 (1994 No 105).