Local Government Act 2002

If you need more information about this Act, please contact the administering agency: Department of Internal Affairs

Seizure of property

164 Seizure of property not on private land


An enforcement officer may seize and impound property that is not on private land if—


the property is materially involved in the commission of an offence; and


it is reasonable in the circumstances to seize and impound the property; and


before seizing and impounding the property, the enforcement officer—


directed (orally or in writing) the person committing the offence to stop committing the offence; and


has advised (orally or in writing) the person committing the offence that, if he or she does not stop committing the offence, the enforcement officer has power to seize and impound the property; and


provided the person with a reasonable opportunity to stop committing the offence.


However, if the property is not in the possession of a person at the time the enforcement officer proposes to seize and impound the property, the enforcement officer does not have to comply with subsection (1)(c).


As soon as practicable after seizing and impounding property, an enforcement officer must give a notice in the prescribed form—


to the person in possession of the property at the time it was seized and impounded; or


if paragraph (a) does not apply, to any person who the enforcement officer can ascertain is the owner of, or has an interest in, the property.


In this section and section 165, offence


means an offence against this Act; and


includes a breach of a bylaw.