Litter Act 1979

If you need more information about this Act, please contact the administering agency: Ministry for the Environment
7 Powers and duties of Officers

(1)

Every Officer appointed by a public authority who is for the time being in possession of his or her warrant of appointment, and every other Officer who is in possession of a warrant or other evidence of that Officer’s authority to act as such, is authorised to enforce the provisions of this Act and may, without further authority than this section, summarily intervene to prevent any of the following:

(a)

the deposit or attempted deposit of litter in any public place in which the Officer is authorised to act:

(b)

the deposit or attempted deposit of litter from any such public place onto private land, if the Officer has good reason to believe the deposit or attempted deposit has been or is being made without the consent of the occupier of that private land:

(c)

the wilful damage or attempted wilful damage of any litter receptacle in any such public place.

(2)

Where any such Officer finds a person depositing litter (whether inadvertently or otherwise) in a public place in which he is authorised to act or from any such public place onto private land without the consent of the occupier of that private land, or has good cause to believe that a person has deposited litter (whether inadvertently or otherwise) in or onto any such place or land, the Officer may require that person to remove the litter from that place or land and to dispose of it in such a manner as the Officer may direct or as will not contravene the provisions of this Act.

(3)

Where any such Officer has reasonable cause to believe litter has been deposited from any motor vehicle or trailer he may require the user or owner of the motor vehicle or trailer, on that motor vehicle or trailer being stationary, to give his name and place of residence and also the name and place of residence of any other person or persons whom the Officer has reason to believe deposited litter from that motor vehicle or trailer, and the user or owner of the motor vehicle or trailer shall on such demand give the information requested.

(4)

An Officer may, if permitted or requested to do so by the occupier of any private land, enter that land if so required for the discharge of his duty.

(5)

If any such Officer—

(a)

finds a person committing an offence against—

(ii)

section 11 of the Summary Offences Act 1981, if the offence relates to any litter receptacle in any such public place; or

(b)

has good cause to believe that a person has committed such an offence,—

the Officer may require that person to state his or her name and address.

Compare: 1968 No 134 ss 6, 7

Section 7(1): substituted, on 19 March 1990, by section 4(1) of the Litter Amendment Act 1990 (1990 No 9).

Section 7(5): substituted, on 19 March 1990, by section 4(2) of the Litter Amendment Act 1990 (1990 No 9).