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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:

“You must follow the rules set by the court, or someone else can do it for you and make you pay.”

If you receive an enforcement order and it’s given to you, you must follow what it says. You also need to pay for any costs involved in following the order, unless the order says something different.

If you don’t follow the enforcement order, someone else can ask the Environment Court for permission to do what the order says. They can go onto the land or into buildings (with a police officer if it’s a home) to do this. They can sell or get rid of any buildings or materials they find while following the order. They can also make you pay back the costs of doing all this.

If there are still costs that haven’t been paid, these can be registered as a charge on the land where the enforcement order applies. This is done under a part of the Land Transfer Act 2017.

Not following an enforcement order is against the law. You can find more information about this in section 338 of the Resource Management Act 1991.

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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

“An enforcement order is a legal tool that can make people stop or start doing things to protect the environment and follow the rules.”

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316: Application for enforcement order, or

“ Rules for asking the Environment Court to make someone follow environmental laws ”

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).