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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Enforcement orders

315: Compliance with enforcement order

You could also call this:

“Following the rules of an enforcement order to avoid extra costs and legal trouble”

If an enforcement order is made against you and you get a copy of it, you must follow the order. You also have to pay the costs of following the order, unless the order says you do not have to. If you do not follow the order, someone else can do what the order says with the consent of the Environment Court. They can enter your land or building to do this, and they can sell anything they get from doing what the order says. They can then try to get the money they spent from you.

If you still do not pay the costs, they can register a charge on your land under subpart 5 of Part 3 of the Land Transfer Act 2017. Not following an enforcement order is against the law, as stated in section 338.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238540.

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314: Scope of enforcement order, or

"What happens if you break environmental rules and get an enforcement order"

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"Asking the court to make someone follow the rules"

Part 12 Declarations, enforcement, and ancillary powers
Enforcement orders

315Compliance with enforcement order

  1. Where an enforcement order is made against a person, and that enforcement order is served on that person, that person shall—

  2. comply with the order; and
    1. unless the order directs otherwise, pay all the costs and expenses of complying with the order.

      1. If a person against whom an enforcement order is made fails to comply with the order, any person may, with the consent of the Environment Court,—

      2. comply with the order on behalf of the person who fails to comply with the order, and for this purpose, enter upon any land or enter any structure (with a constable if the structure is a dwellinghouse); and
        1. sell or otherwise dispose of any structure or materials salvaged in complying with the order; and
          1. after allowing for any moneys received under paragraph (b), if any, recover the costs and expenses of doing so as a debt due from that person.

            1. Any costs or expenses which remain unpaid under subsection (2)(c) may be registered under subpart 5 of Part 3 of the Land Transfer Act 2017 as a charge on any land in respect of which an enforcement order is made.

            2. Failure to comply with an enforcement order is an offence under section 338.

            Notes
            • Section 315(1): replaced, on , by section 142 of the Resource Management Amendment Act 1993 (1993 No 65).
            • Section 315(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 315(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).