The law that’s letting litterers off the hook


We’ve all seen it - rubbish dumped under cover of night, bags of household waste strewn along our roadsides, and takeaway wrappers flung from car windows. These “cheeky chuckers” aren’t just creating a mess, they’re costing ratepayers thousands in clean up bills, polluting our environment, and sending a message that this behaviour is somehow acceptable.

And here’s the real kicker: even when a dumped bag has an envelope with the name and address of the litterer inside, councils still can’t issue a fine - not unless the person is caught in the act. That’s because we’re working under a law written in 1979, long before the explosion of fast food packaging and the modern rise in illegal dumping.

Hastings alone has over 5,200 km of roads, and many of the worst hit areas are on NZTA managed land where Council isn’t even allowed to clean up. What’s more, roadside safety rules also block many community-led clean-ups. The result? Dumping builds up. Public pride takes a hit. And ratepayers keep footing the bill for the limited clean-up Council can legally do.

Nationwide, illegal dumping is escalating. The 2022 National Litter Audit found a 280% increase in illegal dumping since 2019, with the average volume rising from 1.31 to 4.45 litres per 1,000 m². This undermines community pride and puts increasing strain on already stretched council budgets.

In response to growing frustration, and in the absence of laws that allowed us to do more, I worked alongside staff and schools to lead a district-wide anti-litter strategy. The campaign focused on community messaging and tamariki-led education, and contributed to Hastings winning the Keep New Zealand Beautiful Supreme Award in 2020.

But even the most enthusiastic education campaign can only go so far if the law doesn’t back it up.

Even if someone dumps a rubbish bag with their name and address on it, we still can’t fine them - that’s how broken the current law is.
— Wendy Schollum

That’s why the proposed Responsibility for Reducing Waste Act is so important. It would:

  • Allow councils to issue fines based on reasonable evidence — like named rubbish or vehicle details

  • Introduce tiered penalties based on the seriousness of the offence

  • Let councils recover clean-up costs from offenders

This is exactly the kind of smart, enforceable change our communities need, but it won’t happen without public support.

If you’re frustrated about litter, now’s your chance to take action. Tell government that you support stronger enforcement powers for councils to deal with litter by submitting to the Responsibility for Reducing Waste Act by June 1. Even one sentence makes a difference.

Submissions can be made on the Ministry for the Environment website…


Let’s talk…

Your views matter. Whether you have questions about this article, council decisions, want to discuss a local issue, or have insights that could help shape our work, I’m always keen to listen.

If you’re part of a group that would like to discuss council work or explore solutions together, let’s connect.

Get in touch, and let’s have the conversation...

Next
Next

Dyslexia, ADHD, Autism: Overlooked Then, Dismissed Now