Litter Act 1979

If you need more information about this Act, please contact the administering agency: Ministry for the Environment
10 Territorial authority may require occupier of private land to clear litter

(1)

Any territorial authority may serve or cause a Litter Control Officer appointed by it to serve, on its behalf, on the occupier of any private land or any land vested in or controlled by the Crown or any local authority (within the meaning of section 5(1) of the Local Government Act 2002) a notice in writing requiring the occupier, to the satisfaction of an Officer,—

(a)

to clear away, or remove, from the land; or

(b)

to clean up; or

(c)

to screen, cover, or otherwise obscure from view—

such litter as may be specified in the notice within 14 days or such further time as may be so specified, being litter which, in the opinion of the territorial authority, tends to grossly deface or to defile the area in which the private land is sited.

(2)

If, upon the representations of an occupier served with a notice under subsection (1), an Officer is satisfied that steps have been taken to comply with the requirements of the notice but the occupier has been prevented by reasonable cause from completing the necessary work within the time specified, the Officer may extend the time specified for such further period as he thinks fit.

(3)

Every person receiving a notice under subsection (1) may object to the requirements of the notice within 14 days after its receipt on the grounds that those requirements are unreasonable.

(4)

Every objection shall be made in writing to the territorial authority by which or on behalf of which the notice was issued. The territorial authority shall appoint a time and place for hearing the objection, and shall give reasonable notice of that time and place to the objector who shall be entitled to be present and, if present at that time and place, to be heard.

(5)

The territorial authority may, after hearing an objection, confirm, cancel, or vary the requirements of the notice, and shall, within 14 days after the hearing, give to the objector written notice of its decision.

(6)

Subject to this section, every territorial authority, in hearing any objection under this section, may regulate its own procedure.

(7)

Every objector dissatisfied with the decision of a territorial authority under this section may, within 14 days after receiving any notice under subsection (5), appeal against the decision to the District Court by way of originating application under the rules of that court.

(8)

The court, on the hearing of the appeal, may confirm or reverse the decision appealed against or make such other order as the case requires, or may refer the matter back, together with its reasons for doing so, to the territorial authority for reconsideration.

(9)

To the extent that any requirements of a notice under subsection (1) is the subject of an objection or appeal under this section, the notice shall be suspended until the objection or appeal is determined.

(10)

Every occupier commits an offence who, having been served with a notice under this section,—

(a)

fails to comply with that notice (not being a notice that has been suspended under subsection (9)) within the time specified in the notice or within the time as extended under subsection (2):

(b)

fails to comply with any notice varied or confirmed by a territorial authority or a District Court Judge under this section within the time specified by the territorial authority or the District Court Judge.

(11)

Every person who commits an offence against subsection (10) is liable on conviction,—

(a)

in the case of a natural person, to a fine not exceeding $500 for each day on which the failure continues; or

(b)

in the case of a corporation, to a fine not exceeding $2,000 for each day on which the failure continues.

Section 10(1): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 10(1): amended, on 19 March 1990, by section 5(1) of the Litter Amendment Act 1990 (1990 No 9).

Section 10(3): amended, on 19 March 1990, by section 5(2) of the Litter Amendment Act 1990 (1990 No 9).

Section 10(7): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 10(10)(a): amended, on 28 June 2006, by section 5(1) of the Litter Amendment Act 2006 (2006 No 24).

Section 10(10)(b): amended, on 28 June 2006, by section 5(1) of the Litter Amendment Act 2006 (2006 No 24).

Section 10(10)(b): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 10(11): substituted, on 19 March 1990, by section 5(3) of the Litter Amendment Act 1990 (1990 No 9).

Section 10(11): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 10(11)(a): amended, on 28 June 2006, by section 5(2)(a) of the Litter Amendment Act 2006 (2006 No 24).

Section 10(11)(a): amended, on 28 June 2006, by section 5(2)(b) of the Litter Amendment Act 2006 (2006 No 24).

Section 10(11)(b): amended, on 28 June 2006, by section 5(2)(c) of the Litter Amendment Act 2006 (2006 No 24).

Section 10(11)(b): amended, on 28 June 2006, by section 5(2)(d) of the Litter Amendment Act 2006 (2006 No 24).