Local Government Act 2002

If you need more information about this Act, please contact the administering agency: Department of Internal Affairs
173 Power of entry in cases of emergency

(1)

A local authority may, for the purpose of doing anything that it is authorised to do under this Act or any other enactment, enter occupied land or buildings without giving prior notice, if—

(a)

there is a sudden emergency causing or likely to cause—

(i)

loss of life or injury to a person; or

(ii)

damage to property; or

(iii)

damage to the environment; or

(b)

there is danger to any works or adjoining property.

(2)

The provisions of Part 4 of the Search and Surveillance Act 2012 (except subparts 2 and 3, and sections 118 and 119) apply.

(3)

A local authority may also use the powers in subsection (1) for the purpose of accessing eligible infrastructure under the control of an SPV under the Infrastructure Funding and Financing Act 2020.

Compare: 1974 No 66 s 708A(3)

Section 173(2): replaced, on 1 October 2012, by section 271(7) of the Search and Surveillance Act 2012 (2012 No 24).

Section 173(3): inserted, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).