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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:

“Everyone must try to stop, fix, or reduce any harm they cause to the environment.”

You have a duty to avoid, fix, or lessen any bad effects on the environment that come from activities you do or that are done for you. This duty applies even if the activity follows the rules in sections 10, 10A, 10B, and 20A, or other environmental rules, permits, or designations.

This duty isn’t something that can be enforced on its own, and you can’t be held responsible by others if you don’t follow it. However, the Environment Court or an enforcement officer can still make orders or notices to stop you from doing something that they think is harmful, dangerous, offensive, or objectionable to the environment. They can also make you do something if they think it’s needed to avoid, fix, or lessen any bad effects on the environment that you’ve caused or might cause.

The Environment Court’s power to make these orders has some limits, 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).