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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Enforcement orders

319: Decision on application

You could also call this:

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

When you apply for an enforcement order, the Environment Court thinks about it and may make an order as stated in section 314, or they may refuse your application. The Environment Court looks at what you have done and decides what to do next. They consider the rules and circumstances.

If you are following the rules in a plan, or you have a resource consent, or a designation, the Environment Court usually cannot make an enforcement order against you. This is because the person who approved the plan or gave you the consent knew about the potential bad effects at the time. They took this into account when making their decision.

But the Environment Court can still make an enforcement order if they think it is a good idea after considering how much time has passed and if things have changed. They can also make an order if your resource consent has been changed or cancelled as stated in section 314(1)(e).

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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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Environment and resources > Town planningGovernment and voting > Local councils
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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 stop someone harming the environment until 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. 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—

      2. 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(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).