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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Enforcement orders

319: Decision on application

You could also call this:

"What happens when you apply for an enforcement order"

Illustration for Resource Management Act 1991

You can apply for an enforcement order to the Environment Court. The Environment Court may make an order under section 314 or refuse your application. You can read more about section 314 here. If your resource consent is revoked or suspended under section 314(1)(ea), you cannot get compensation for any loss or damage. You can read more about section 314(1)(ea) here. The Environment Court cannot make an enforcement order against you if you are following a rule in a plan, a resource consent, or a designation. This is only if the person who approved the plan or granted the consent knew about the adverse effects at the time. The Environment Court can make an order if they think it is appropriate after considering the time that has passed and any changes in circumstances. They can also make an order if your resource consent has been changed or cancelled under section 314(1)(e). You can read more about section 314(1)(e) here.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238550.

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318: Right to be heard, or

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

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320: Interim enforcement order, or

"A temporary order to protect the environment while a final decision is made"

Part 12Declarations, enforcement, and ancillary powers
Enforcement orders

319Decision on application

  1. After considering an application for an enforcement order, the Environment Court may—

  2. except as provided in subsection (2), make any appropriate order under section 314; or
    1. refuse the application.

      1. No court may order that compensation or redress be paid or provided to any person for any loss or damage arising from the revocation or suspension of the person’s resource consent under section 314(1)(ea).

      2. Except as provided in subsection (3), the Environment Court must not make an enforcement order under section 314(1)(a)(ii), (b)(ii), (c), (d)(iv), or (da) against a person if—

      3. that person is acting in accordance with—
        1. a rule in a plan; or
          1. a resource consent; or
            1. a designation; and
            2. the adverse effects in respect of which the order is sought were expressly recognised by the person who approved the plan, or granted the resource consent, or approved the designation, at the time of the approval or granting, as the case may be.

              1. The Environment Court may make an enforcement order if—

              2. the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval or granting, as the case may be; or
                1. the person was acting in accordance with a resource consent that has been changed or cancelled under section 314(1)(e).

                  Notes
                  • Section 319(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                  • Section 319(1A): inserted, on , by section 73 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                  • Section 319(2): replaced, on , by section 83 of the Resource Management Amendment Act 2003 (2003 No 23).
                  • Section 319(3): inserted, on , by section 83 of the Resource Management Amendment Act 2003 (2003 No 23).