Resource Management Act 1991
069
Commenced: 1 Oct 1991
IV: Functions, Powers, and Duties of Central and Local Government
Enforcement Officers
38
Authorisation and responsibilities of enforcement officers
Enforcement Officers
38. Authorisation and responsibilities of enforcement officers---(1) A
local authority may authorise---
(a) Any of its officers; or
(b) Any of the officers of any other local authority, or of the
Ministry of Agriculture and Fisheries, or the Department of
Conservation, subject to such terms and conditions as to payment
of salary and expenses and as to appointment of his or her
duties as may be agreed upon between the relevant authorities---
to carry out all or any of the functions and powers as an enforcement
officer under this Act.
(2) A local authority may authorise any person who is---
(a) The holder of a security guard's licence issued under section 26
of the Private Investigators and Security Guards Act 1974; or
(b) The holder of a certificate of approval issued under section 40 of
that Act who is employed by a person authorised under paragraph
(a)---
to exercise or carry out all or any of the functions and powers of an
enforcement officer under section 327 (which relates to excessive
noise).
(3) The Minister of Conservation may authorise any officers of the
Department of Conservation or of a local authority to exercise and carry
out the functions and powers of an enforcement officer under this Act in
relation to either or both of the following:
(a) Compliance with a coastal permit issued by that Minister:
(b) Those parts of a coastal marine area which a regional coastal plan
states as having significant conservation value and in respect
of which that Minister is the consent authority.
(4) Any authorisation under subsection (3) to an officer of a local
authority is subject to such terms and conditions as to payment of
salary and expenses and as to appointment of his or her duties as may be
agreed between the Minister and the local authority.
(5) The local authority or Minister shall supply every enforcement
officer with a warrant, and that warrant shall clearly state the
functions and powers that the person concerned has been authorised to
exercise and carry out under this Act.
(6) Every enforcement officer who exercises or purports to exercise
any power conferred on him or her by this Act shall have with him or
her, and shall produce if required to do so, his or her warrant and
evidence of his or her identity.
(7) Every enforcement officer who holds a warrant issued under this
section shall, on the termination of his or her appointment as such,
surrender the warrant to the local authority or Minister, as the case
may be.