LOCAL GOVERNMENT ACT 1995 - SECT 3.34
LOCAL GOVERNMENT ACT 1995 - SECT 3.34
3.34 . Entry in emergency
(1) In an emergency a
local government may lawfully enter any land, premises or thing immediately
and without notice and perform any of its functions as it considers
appropriate to deal with the emergency.
(2) For the purposes
of this section, an emergency exists where the local government or its CEO is
of the opinion that the circumstances are such that compliance with the
requirements for obtaining entry other than under this section would be
impractical or unreasonable because of, or because of the imminent risk of
—
(a)
injury or illness to any person; or
(b) a
natural or other disaster or emergency; or
(c) such
other occurrence as is prescribed for the purposes of this section.
(3) A local government
may use reasonable force to exercise the power of entry given by subsection
(1).
(4) A local government
may exercise the power of entry given by subsection (1) at any time while the
emergency exists and for so long subsequently as is reasonably required.
(5) Although notice of
an intended entry under this section is not generally required, a local
government is to give notice of an intended entry of land under this section
to the owner or occupier of the land where it is practicable to do so.