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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Enforcement orders

317: Notification of application

You could also call this:

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

When you apply for an enforcement order, you need to tell everyone who will be directly affected by it. You do this by giving them a special notice. This notice has to be in a specific format that’s been decided beforehand.

You need to give this notice to people within 5 working days after you’ve asked the Environment Court for the enforcement order. This makes sure that everyone who needs to know about your application finds out about it quickly.

The only time you don’t have to do this is when you’re asking for an interim enforcement order. The rules for those are a bit different and are explained in section 320.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238546.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
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316: Application for enforcement order, or

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

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318: Right to be heard, or

“This tells you that people can explain their side of the story before the court makes a decision about an enforcement order.”

Part 12 Declarations, enforcement, and ancillary powers
Enforcement orders

317Notification of application

  1. Except as provided in section 320 (which relates to interim enforcement orders), where an application for an enforcement order is made, the applicant shall serve notice of the application in the prescribed form on every person directly affected by the application.

  2. Every notice required to be served under this section shall be served within 5 working days after the application is made to the Environment Court.

Notes
  • Section 317(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).