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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Enforcement orders

318: Right to be heard

You could also call this:

“You have the right to tell the Environment Court your views before they make a decision.”

When you apply for an enforcement order, the Environment Court must hear you before making a decision. The Environment Court must also hear any person who may be affected by the order, but only if that person tells the Registrar they want to be heard within 15 working days of being notified about the application. You can find more information about when the Environment Court does not have to hear everyone 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=DLM238548.

Topics:
Environment and resources > Conservation Environment and resources > Town planning
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317: Notification of application, or

"Telling people affected by your application"

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319: Decision on application, or

"The Environment Court decides what to do with your application for an enforcement order."

Part 12 Declarations, enforcement, and ancillary powers
Enforcement orders

318Right to be heard

  1. Except as provided in section 320 (which relates to interim enforcement orders), before deciding an application for an enforcement order, the Environment Court shall—

  2. hear the applicant; and
    1. hear any person against whom the order is sought who wishes to be heard, but only if that person notifies the Registrar that he or she wishes to be heard within 15 working days after the date on which he or she was notified of the application.

      Notes
      • Section 318: amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
      • Section 318(b): amended, on , by section 55 of the Resource Management Amendment Act 2013 (2013 No 63).