'Toothless' councils call for law change to make it easier to punish people for littering

Sunday, 26 August 2018

Local Government New Zealand want the 40-year-old Litter Act amended.

Councils across the country want greater powers to punish people for littering, and are calling for a law change that could see the number of fines issued increase sharply.

Local Government New Zealand (LGNZ) says the 40-year-old Litter Act is impractical to enforce and wants central Government to amend it to make issuing infringement notices easier.

To do so currently requires council officers to either observe a person littering or have 'reasonable cause' to suspect such an offence was in the act of being carried out, or had just been committed.

This wording, in effect, leaves council officers with a small window of time in which they can take action against people for littering.

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LGNZ President Dave Cull wants the Litter Act amended to give councils time to act on 'later evidence' of littering, such as evidence found in rubbish or through CCTV footage.

LGNZ President Dave Cull said it wanted the word 'just' removed from the Act, which would allow council officers more time to act on 'later evidence' of littering, such as evidence found in rubbish or through CCTV footage.

A LGNZ spokesman said amending the law change could result in cleaner towns by discouraging littering and illegal dumping of rubbish.

'No one likes finding a pile of rubbish dumped down a bank, in a green belt or behind a building.'

Associate Environment Minister Eugenie Sage said she would seek advice on LGNZ's call before making a decision.

Bottles and rubbish litter the roadside at Ruapuna, near Christchurch. Christchurch City Council issued just one infringement in 2016 and two in 2017 and 2018 respectively (File photo)

The Litter Act allows councils to prosecute the placing, throwing, or dropping of litter. The same applies to litter that is thrown, dropped or escapes from any vehicle or trailer.

The definition of litter includes refuse, rubbish, animal remains or waste matter.

Fines vary across the country, depending on what it set out in council bylaws. In Auckland and Wellington, fines for non-prosecutable littering range from $100 to $400, but much larger fines also exist for more serious offences.

But, as New Zealand Packaging Council executive director Sharon Humphreys points out, the Litter Act is 'grossly underused' in its current state.

Associate Environment Minister Eugenie Sage said she would seek advice before making a decision on whether to amend the Litter Act.

In Auckland alone, litter clean-up cost almost $5 million a year. But the number of litter infringement notices issued in the country's three biggest centres are either low or declining.

Auckland Council issued 125 infringements in 2016, 91 in 2017 and has given out 32 thus far in 2018. Christchurch City Council, meanwhile, issued just one infringement in 2016 and two in 2017 and 2018 respectively.

Wellington City Council hasn't issued a single litter infringement since November 2017, and had no information on infringements prior to that.

But council spokesman Richard MacLean said they had sent out 164 'warning letters' to residents and businesses.

Plastic shopping bags litter the ground at Christchurch's Bottle Lake landfill. (File photo)

'We will send up to three warning letters before issuing an infringement. So far we have seen no need to issue an infringement.'

Wellington City Council undertook 'early-morning stake outs' to catch people dumping illegally, and had about 15 staff who helped with litter control, he said.

'We tend to think we are largely on top of the litter problem.'

Wellington city councillor Iona Pannett, who holds the infrastructure portfolio, supported LGNZ's notion to make reporting littering easier.

'It's not our responsibility, really it's the responsibility of individuals and businesses to do the right thing,' she said.

'People are dirty and disgusting sometimes … it's really basic stuff.'

Leonie Rae, Christchurch City Council's general manager of consenting and compliance, said it had about 60 litter control officers keeping an eye on things.

But the difficulty associated with establishing the identity of offenders had limited the number of infringement notices they issued, she said.

'Nearly all of the complaints arise after a member of the public has found litter that has already been dumped, and there is limited evidence of the identity of the person responsible.'

Auckland Council acting general manager of waste solutions Parul Sood said the Government could make it easier to enforce the Litter Act.

Some change is already being considered. A Members Bill to increase fines for littering is at the Select Committee stage, with the final report due on November 2.