Section 38 — Resource Management Act 1991: Authorisation and responsibilities of 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 new Ministry , or the Department of Conservation, or Maritime New Zealand, 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) Employed by a person authorised under paragraph (a) and who is— (i) The holder of a certificate of approval issued under section 40 of that Act; or (ii) A person in respect of whom permission granted under section 37 of that Act is in force—

to exercise or carry out all or any of the functions and powers of an enforcement officer under sections 327 and 328 (which relate 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 1 or more 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. (c) compliance with controls imposed under Schedule 12 on a recognised customary activity. (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. Subsection (1)(b) was amended, as from 17 December 1997, by section 9(1) Resource Management Amendment Act 1997 (1997 No 104) by inserting the words “ or the Maritime Safety Authority of New Zealand, ” . See section 78 of that Act as to the transitional provisions. Subsection (1)(b) was amended, as from 1 July 2005, by section 11(3) Maritime Transport Amendment Act 2004 (2004 No 98) by substituting the words “ Maritime New Zealand ” for the words “ the Maritime Safety Authority of New Zealand ” . Subsection (2) was amended, as from 7 July 1993, by section 26 Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ sections 327 and 328 (which relate to excessive noise) ” for the words “ section 327 (which relates to excessive noise) ” . Subsection (2)(b) was substituted, as from 17 December 1997, by section 9(2) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (3) was amended, as from 17 January 2005, by section 12(1) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94) by substituting the words “ 1 or more ” for the words “ either or both ” . See sections 40 to 43 of that Act. Subsection (3)(c) was inserted, as from 17 January 2005, by section 12(2) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.