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Resource Management Act 1991

Duties and restrictions under this Act - Adverse effects

17: Duty to avoid, remedy, or mitigate adverse effects

You could also call this:

“Look after the environment and fix any harm you cause”

You have a duty to avoid hurting the environment when you do something. This means you must try to stop or fix any bad effects on the environment that you cause. You must do this even if you are doing something that is allowed under laws such as sections 10, 10A, 10B, and 20A, or a national environmental standard, a rule, a resource consent, or a designation.

You are not automatically in trouble if you do not follow this duty. However, the Environment Court or an enforcement officer can still take action against you under Part 12 if you are doing something that is harming the environment. They can tell you to stop doing something that is hurting the environment or make you do something to fix the harm you have caused.

The Environment Court or an enforcement officer can only take this action if they think it is necessary to protect the environment. There are some limits on when they can take this action, which are explained in section 319(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM232500.

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Part 3 Duties and restrictions under this Act
Adverse effects

17Duty to avoid, remedy, or mitigate adverse effects

  1. Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of the person, whether or not the activity is carried on in accordance with—

  2. any of sections 10, 10A, 10B, and 20A; or
    1. a national environmental standard, a rule, a resource consent, or a designation.

      1. The duty referred to in subsection (1) is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.

      2. Notwithstanding subsection (2), an enforcement order or abatement notice may be made or served under Part 12 to—

      3. require a person to cease, or prohibit a person from commencing, anything that, in the opinion of the Environment Court or an enforcement officer, is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment; or
        1. require a person to do something that, in the opinion of the Environment Court or an enforcement officer, is necessary in order to avoid, remedy, or mitigate any actual or likely adverse effect on the environment caused by, or on behalf of, that person.

          1. Subsection (3) is subject to section 319(2) (which specifies when an Environment Court shall not make an enforcement order).

          Notes
          • Section 17(1): replaced, on , by section 17 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 17(3)(a): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 17(3)(b): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 17(4): inserted, on , by section 15(2) of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 17(4): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).