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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 whether to make or refuse an order after looking at the request.”

When you ask for an enforcement order, the Environment Court will look at your request. They can either make an order that they think is right based on section 314, or they can say no to your request.

There are some times when the Environment Court can’t make certain types of enforcement orders. They can’t make these orders if someone is following the rules in a plan, a resource consent, or a designation. Also, they can’t make the order if the person who approved the plan, gave the resource consent, or approved the designation knew about the bad effects when they said yes.

But there are two times when the Environment Court can still make an enforcement order even if someone is following the rules. First, if enough time has passed or things have changed since the approval was given. Second, if the person was following a resource consent that has been changed or cancelled under 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.

Topics:
Environment and resources > Town planning
Environment and resources > Conservation
Government and voting > Local councils
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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.”

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320: Interim enforcement order, or

“A quick order that a judge can make to stop something bad happening to the environment before a full hearing”

Part 12 Declarations, 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).