What is litter/rubbish?
The Litter Act 1979 defines litter as including “any refuse, rubbish, animal remains, glass, metal, garbage, debris, dirt, filth, rubble, ballast, stones, earth, or waste matter, or any other thing of a like nature”.
The Litter Act makes it an offence to deposit litter or rubbish of any kind onto land without the consent of the landowner. This includes any public land. Depositing is defined under the Act as “…casting, placing, throwing or dropping litter and allowing litter to be cast, thrown, dropped or without reasonable excuse, to escape from any motor vehicle or trailer”.
Who deals with litter/illegally dumped rubbish complaints?
The Waitaki District Council has Litter Control Officers appointed under the Litter Act who can investigate and take appropriate action under the Act where someone has committed a litter offence. This can only be done where Council has evidence of the identity of the offender, such as a vehicle registration number or documents found in the rubbish.
How do I make a complaint regarding litter/illegally dumped rubbish?
If you have a litter complaint phone Council Customer Service Unit on (03) 433 0300 or call into the Council Offices at 20 Thames St, Oamaru or the Waihemo Service Centre (Tiverton St, Palmerston). They will record all of the relevant details and forward them immediately to a Litter Control Officer for action.
It is important to give as much information as you can about the location and nature of the litter/rubbish and any details that may lead to the identification of the person/s responsible.
What will Council do if I make a complaint?
A Litter Control Officer will visit the site as soon as possible. The litter/rubbish will be photographed and investigated for any evidence and inquiries made to identify the offender.
If the identity of the offender is not established (as is often the case), Council will arrange to have the rubbish cleaned up and removed as quickly as possible. If the rubbish is on private land and where no evidence of the offender is found, it is the responsibility of the landowner or occupier to have it removed.
If the identity of the offender/s is established there are a number of things Council can do depending on the seriousness of the offence and any other factors, such as repeat offending. In some cases, where possible, the offender will be requested to remove the rubbish themselves. Council can then take further action under the Litter Act if deemed necessary. This can include issuing an infringement notice (an instant fine not exceeding $400.00) or taking the offender to court. The court can impose a fine of up to $7500.00 or up to one months imprisonment for an individual as well as awarding costs to Council for any associated clean up.
Are uncollected rubbish bags litter?
When rubbish is left out on the kerbside for collection, it may occasionally for some reason not be collected by Council’s contractor – for example, when it is not in the official Waitaki District Council bags (a green sticker specifying the reason for the rubbish not being collected will be place on the bag/s by the contractor). This rubbish needs to be disposed of appropriately by the occupier of the property from where the rubbish originated. If the rubbish is left on the footpath or road for an extended period and becomes a nuisance, or the rubbish escapes from a bag or container onto the footpath or road, Council may request the occupier to remove it immediately. Failure to do so may result in action being taken under the Litter Act
What if someone’s private property has litter on it and I think it’s an eyesore or a health risk? Can Council do anything about it?
Only in certain cases. This would depend on the extent and nature of the litter.
Under the Section 10 Litter Act, it would need to be litter, which in Council’s opinion, “tends to grossly deface or … defile the area in which the private land is sited.” Council would only use this section of the Act to intervene after careful consideration and would need to make a very strong case to be successful if the case went to court.
If the litter located on the private property becomes a nuisance and is likely to pose a health risk, the case will be referred to Council’s Environmental Health Officer for investigation. In this case, the Environmental Health Officer may consider action under the Health Act 1956 if appropriate.
The particulars of each case will determine whether Council is able to intervene and under what Legislation action can be taken.