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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:

“Asking the court to make someone follow the rules”

You can apply to the Environment Court for an enforcement order at any time. You must use the prescribed form and apply for a kind of order specified in section 314(1) or section 314(2).

You can be any person, and you can apply to the Environment Court for an enforcement order. A local authority, a consent authority, or the EPA can also apply for an enforcement order of a certain kind, as specified in section 314(1)(da) or section 314(1)(e).

If you want to apply for an enforcement order under section 314(1)(f), you can do so at any time if you are a local authority. If you are not a local authority, you must apply within 3 months after the policy statement or plan becomes operative. You can request that the enforcement order be made on certain terms and conditions, as permitted by section 314(3) or section 314(4).

There are some limits on who can apply for an enforcement order to enforce certain conditions. Generally, only the consent authority, the EPA, or the Minister can apply to the Environment Court for an enforcement order to enforce a condition that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of a discharge.

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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 > Town planning Environment and resources > Conservation Crime and justice > Courts and legal help
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315: Compliance with enforcement order, or

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

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317: Notification of application, or

"Telling people affected by your application"

Part 12 Declarations, enforcement, and ancillary powers
Enforcement orders

316Application for enforcement order

  1. 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).

  2. An application may at any time be made in the prescribed form to the Environment Court by—

  3. a local authority, a consent authority, or the EPA for an enforcement order of the kind specified in section 314(1)(da); and
    1. a local authority or consent authority for an enforcement order of the kind specified in section 314(1)(e).

      1. An application for an enforcement order under section 314(1)(f) may be lodged—

      2. by a local authority (or the Minister of Conservation in regard to a regional coastal plan) at any time; or
        1. by any other person, no later than 3 months after the date on which the policy statement or plan becomes operative.

          1. 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).

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