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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Enforcement orders

316: Application for enforcement order

You could also call this:

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

You can apply to the Environment Court for an enforcement order at any time. This order can be for different things, as listed in section 314(1) (a) to (d), or in section 314(2).

If you’re a local authority, a consent authority, or the EPA, you can ask for a special kind of enforcement order mentioned in section 314(1)(da). Local authorities and consent authorities can also ask for another type of order described in section 314(1)(e).

For enforcement orders about policy statements or plans, local authorities (or the Minister of Conservation for coastal plans) can apply anytime. Other people have to apply within 3 months after the policy or plan becomes active.

When you apply for an enforcement order, you can ask for specific terms and conditions, as allowed by section 314(3) or section 314(4).

There’s a special rule about enforcement orders for resource consents or plan rules that require using the best way to avoid or reduce negative effects from discharges. Only the consent authority, the EPA, or the Minister can ask the Environment Court for these orders.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238543.

Topics:

Environment and resources > Conservation

Crime and justice > Courts and legal help

315: Compliance with enforcement order, or

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

317: Notification of application, or

“When someone asks for an enforcement order, they must tell everyone affected within 5 working days.”

Part 12 Declarations, enforcement, and ancillary powers
Enforcement orders

316Application for enforcement order

Any person may at any time apply to the Environment Court in the prescribed form for an enforcement order of a kind specified in paragraphs (a) to (d) of section 314(1), or in section 314(2).
An application may at any time be made in the prescribed form to the Environment Court by—
a local authority, a consent authority, or the EPA for an enforcement order of the kind specified in section 314(1)(da); and
a local authority or consent authority for an enforcement order of the kind specified in section 314(1)(e).

An application for an enforcement order under section 314(1)(f) may be lodged—
by a local authority (or the Minister of Conservation in regard to a regional coastal plan) at any time; or
by any other person, no later than 3 months after the date on which the policy statement or plan becomes operative.

Any person who applies for an enforcement order under any provision of this section may request that the enforcement order be made on any terms and conditions permitted by section 314(3) or section 314(4).
No person (other than the consent authority, the EPA, or the Minister) may apply to the Environment Court for an enforcement order to enforce any condition of a resource consent or a rule in a plan or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the consent or rule relates.

Notes

Section 316(1): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 316(2): replaced, on 1 July 2020, by section 84(1) of the Resource Management Amendment Act 2020 (2020 No 30).
Section 316(5): amended, on 1 July 2020, by section 84(2) of the Resource Management Amendment Act 2020 (2020 No 30).
Section 316(5): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).