7 June 2024
OIAD-1100
Cody C
[FYI request #26971 email]
Tēnā koe Cody
Thank you for your email of 24 May 2024 to the Ministry for the Environment (the Ministry)
making the following request under the Official Information Act 1982 (the Act):
MFE is the Administering Agency for the Litter Act 1979.
The following occurrences, on the face of it, appear to describe Territorial Authorities
(TAs) contravening s9(1) of the Act:
a) "Auckland Council removes almost a third of rubbish bins, certain suburbs hit
harder", on 3 May 2024
b) "Christchurch council removes 840 rubbish bins from parks, adds 100 'smart
bins'", on 8 June 2021
I have the following questions:
1. How is the Ministry monitoring any TA's regulatory compliance with the Litter
Act?
2. Has the Ministry communicated with either aforementioned TA regarding their
compliance with the Act? If so, please provide those communications. If not, why
not?
3. Is the Ministry planning enforcement action against either aforementioned TA?
If not, why not?
I am refusing your request under section 18(g) of the Act as the Ministry does not hold any in-
scope information.
The Litter Act 1979 makes littering an offence and provides some tools for litter control, such
as the ability for Territorial Authorities and other public authorities to appoint Lit er Control
Of icers. The Litter Act does not have any provisions for Litter Control Of icers to collect data
and report on lit ering, and it does not provide central government oversight, monitoring
compliance or enforcement functions. Lit er Control Of icers are responsible, in the legislation,
to issue infringement notices for a littering offence they observe a person commit ing.
The Ministry does not monitor any territorial authority’s regulatory compliance with the Litter
Act, and it has not communicated with either Auckland Council or Christchurch City Council
regarding their compliance with the Litter Act. The Ministry is also not planning any
enforcement action against either territorial authority.
The Minister for the Environment has signalled her intent to reform the Waste Minimisation
Act 2008 and the Litter Act 1979 to ensure that we have fit-for-purpose, modern waste
legislation. The Ministry wil be seeking direction from the Government on its priorities and
timeframes for this work.
You have the right to seek an investigation and review by the Office of the Ombudsman of my
decision for this request, in accordance with section 28(3) of the Act. The relevant details can
be found on their website at:
www.ombudsman.parliament.nz. Please note that due to the public interest in our work the Ministry publishes responses to
requests for official information on our
OIA responses page shortly after the response has
been sent. If you have any queries about this, please feel free to contact our Ministerial
Services team:
[email address]. Yours sincerely
Glenn Wigley
General Manager – Waste and HSNO Policy
Ministry for the Environment | Manatū Mō Te Taiao