124Orders

#### 124 Orders 124 Orders > A council may order a person to do or to refrain from doing a thing specified in Column 1 of the following Table if the circumstances specified opposite it in Column 2 of the Table exist and the person comes within the description opposite it in Column 3 of the Table. > > Note. > > This section does not affect the power of a council to give an order (or a notice or direction) under the authority of another Act. > > For example, some of those Acts and the orders (or notices or directions) that may be given include— > > | Food Act 2003 | (by delegation) improvement notice or prohibition order | > | Protection of the Environment Operations Act 1997 | environment protection notices | > | Public Health Act 2010 | direction concerning maintenance or use of certain regulated systems | > | Roads Act 1993 | order preventing the passage of traffic along a road or tollway | > | | order for the removal of an obstruction or encroachment on a road | > | Swimming Pools Act 1992 | order requiring owner of swimming pool to bring it into compliance with the Act | > > A person who fails to comply with an order is guilty of an offence—see sec 628. > > Table > > Orders > > Orders requiring or prohibiting the doing of things to or on premises > > | Column 1 | Column 2 | Column 3 | > | To do what? | In what circumstances? | To whom? | > | 1 | To demolish or remove a building | (a)–(c) (Repealed)(d) Building is erected in a catchment district and causes or is likely to cause pollution of the water supply | Owner of building | > | 2 | (Repealed) | | | > | 3 | To repair or make structural alterations to a building | (a), (b) (Repealed)(c) Building is erected in a catchment district and causes or is likely to cause pollution of the water supply | Owner of building | > | 4 | (Repealed) | | | > | 5 | To take such action as is necessary to bring into compliance with relevant standards or requirements set or made by or under this Act or under the Local Government Act 1919—(a) a camping ground, caravan park or manufactured home estate(b) a moveable dwelling or manufactured home(c) (Repealed)(d) a place of shared accommodation(e) a hairdressers shop or beauty salon(f) a mortuary(g) a water meter on premises(h) a water supply or sewerage system on premises, but only in relation to any work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011 | Failure to comply with relevant standards or requirements set or made by or under this Act or under the Local Government Act 1919 | Owner, occupier or manager or, in the case of a water meter, water supply or sewerage system in respect of which a defect occurs in work due to faulty workmanship of, or defective material supplied by, a licensed contractor (being the holder of a licence in force under the Home Building Act 1989 authorising the holder to contract to do the work) within 12 months after the work is carried out or the material is supplied, the licensed contractor | > | 6 | (Repealed) | | | > | 7 | To fence land | Public health, safety or convenience renders it necessary or expedient to do so and there is no adequate fence between the land and a public place | Owner or occupier of land | > | 8 | To identify premises with such numbers or other identification in such manner as is specified in the order | Premises have a frontage to or entrance from a road and there are no markings that can readily be seen and understood from the road | Owner or occupier of land | > | 9 | To fence, empty, fill in or cover up a hole or waterhole in the manner specified in the order | Hole or waterhole is or may become dangerous to life | Owner or occupier of land | > | 10 | To remove or stack articles or matter, to cover articles or matter, to erect fences or screens or to plant trees | Land is in the immediate vicinity of a public place and is used for the storage of articles or matter so as to create or be likely to create unsightly conditions | Owner or occupier of land | > | 11 | To do or to refrain from doing such things as are specified in the order to prevent environmental damage, to repair environmental damage or to prevent further environmental damage | Work carried out on land has caused or is likely to cause environmental damage, being damage to the physical environment that is caused by—(a) drainage, or(b) drainage works, or(c) obstructing a natural watercourse other than by a work constructed or used under a water management work approval granted under the Water Management Act 2000,not being environmental damage arising from premises, works or equipment the subject of a licence issued under the Protection of the Environment Operations Act 1997 or the subject of a notice or direction issued by a regulatory authority under that Act | Owner or occupier of land | > | 12 | To do such things as are necessary to control the flow of surface water across land | Other land, or a building on the land or other land, is being damaged or is likely to be damaged | Owner or occupier of land | > | 13, 14 | (Repealed) | | | > > Orders requiring that premises be used or not used in specified ways > > | Column 1 | Column 2 | Column 3 | > | To do what? | In what circumstances? | To whom? | > | 15 | Not to conduct, or to cease conducting, an activity on premises (whether or not the activity is approved under this Act) | The activity constitutes or is likely to constitute—(a) a life threatening hazard, or(b) a threat to public health or public safetyand is not regulated or controlled under any other Act by a public authority | Any person apparently engaged in promoting, conducting or carrying out the activity | > | 15A | (Repealed) | | | > | 16 | To cease the use of premises or to evacuate premises | A person to whom order No 15 is given has failed to comply with the order | The person to whom order No 15 is given | > | 17 | To leave premises or not to enter premises | A person to whom order No 15 is given has failed to comply with the order | Any person | > | 18 | Not to keep birds or animals on premises, other than of such kinds, in such numbers or in such manner as specified in the order | Birds or animals kept on premises are—(a) in the case of any premises (whether or not in a catchment district)—of an inappropriate kind or number or are kept inappropriately, or(b) in the case of premises in a catchment district—birds or animals (being birds or animals that are suffering from a disease which is communicable to man or to other birds or animals) or pigs | Occupier of premises | > | 19 | To use or not to use a tennis court as specified | Actual or likely annoyance or threat to the safety of neighbours or users of a public place | Occupier of land | > > Orders requiring the preservation of healthy conditions > > | Column 1 | Column 2 | Column 3 | > | To do what? | In what circumstances? | To whom? | > | 20 | To do such things as are specified in the order to put premises, vehicles or articles used for the manufacture, preparation, storage, sale, transportation or other handling or use of or in relation to food into a clean or sanitary condition | The premises, vehicle or article is not in a clean or sanitary condition | Owner or occupier of premises or owner or operator of vehicle or article | > | 21 | To do or refrain from doing such things as are specified in the order to ensure that land is, or premises are, placed or kept in a safe or healthy condition | The land or premises are not in a safe or healthy condition | Owner or occupier of land or premises | > | 22 | To store, treat, process, collect, remove, dispose of or destroy waste which is on land or premises in the manner specified in the order, provided that it is not inconsistent with regulations made under the Protection of the Environment Operations Act 1997 | Waste is present or generated on the land or premises and is not being dealt with satisfactorily, and is not regulated or controlled by, or subject to, a licence or notice granted or issued under the Protection of the Environment Operations Act 1997 | Owner or occupier of land or premises, owner of or person responsible for the waste or for any receptacle or container in which the waste is contained | > | 22A | To remove or dispose of waste that is on any residential premises or to refrain from keeping waste on those premises | The waste is causing or is likely to cause a threat to public health or the health of any individual | Owner or occupier of the premises | > | 23 | To connect premises to a water supply by a specified date | The premises are situated within 225 metres of a water pipe | Owner or occupier of land | > | 24 | To connect premises with a sewerage system by a specified date | The premises are situated within 75 metres of a sewer | Owner or occupier of premises | > | 25 | Not to use or permit the use of a human waste storage facility on premises after a specified date | It is necessary for the purpose of protecting public health | Owner or occupier of premises | > > Orders requiring the protection or repair of public places > > | Column 1 | Column 2 | Column 3 | > | To do what? | In what circumstances? | To whom? | > | 26 | (Repealed) | | | > | 27 | To remove an object or matter from a public place or prevent any object or matter being deposited there | The object or matter—(a) is causing or is likely to cause an obstruction or encroachment of or on the public place and the obstruction or encroachment is not authorised by or under any Act, or(b) is causing or is likely to cause danger, annoyance or inconvenience to the public | Person causing obstruction or encroachment or owner or occupier of land from which the object or matter emanates or is likely to emanate | > | 28 | To take whatever steps are necessary to prevent damage to a public place and to repair damage to a public place | There is actual or likely damage— | | > | (a) by excavation or removal of material from or adjacent to the public place, or | Person responsible for the excavation or the removal of the material | > | (b) by a work or structure, or | Owner or person entitled to the benefit of the work or structure | > | (c) by surface drainage or irrigation | Owner or occupier of land from which surface drainage flows or from which spray emanates | > | 29 | To alter or repair a work or structure on, over or under a public place | It is in the public interest to do so | Owner of the work or structure | > > Orders requiring compliance with approval > > | Column 1 | Column 2 | Column 3 | > | To do what? | In what circumstances? | To whom? | > | 30 | To comply with an approval | The approval is not being complied with | Person entitled to act on the approval or person acting otherwise than in compliance with the approval | > > Note. > > See also Part 4 of the [Building Products (Safety) Act 2017](/view/html/inforce/current/act-2017-069). > > **s 124:** Am 1994 No 44, Sch 3 (10); 1994 No 82, Sch 3 (5); 1995 No 92, sec 29; 1995 No 94, Sch 5.8 \[5\]; 1995 No 102, Sch 6.4 \[1\]–\[3\]; 1996 No 69, Sch 3 \[7\]–\[10\]; 1996 No 122, Sch 7.9 \[2\]; 1997 No 156, Sch 4.11 \[1\]; 1999 No 97, Sch 2.6; 2001 No 56, Sch 1.8 \[1\]; 2010 No 127, Sch 4.15 \[2\]; 2017 No 69, Sch 2.8. > > **s 124, table:** Am 1997 No 61, Sch 1 \[12\] \[13\]; 1997 No 152, Sch 3 \[20\]–\[26\]; 1997 No 156, Sch 4.11 \[2\] \[3\]; 2000 No 92, Sch 8.16 \[4\]; 2000 No 112, Sch 3 \[12\]; 2001 No 93, Sch 1 \[11\]; 2003 No 43, Sch 1.5 \[2\]; 2006 No 52, Sch 1 \[1\]; 2010 No 127, Sch 4.15 \[3\]; 2011 No 59, Schs 2.7 \[1\], 3.2 \[1\] \[2\]; 2021 No 26, Sch 2.9\[2\].