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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Enforcement orders

320: Interim enforcement order

You could also call this:

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

The rules for interim enforcement orders are similar to those for regular enforcement orders, but with some differences. An Environment Judge or District Court Judge can make an interim order without telling the person it’s against or having a hearing first.

Before making an interim order, the judge thinks about how not making the order might affect the environment. They also consider if the person asking for the order has promised to pay for any damages. The judge can decide to listen to the person asking for the order or the person it’s against.

After making the order, someone has to give a copy to the person it’s about. The order starts working when the person gets it, or at a later date if the order says so.

If you’re the person the order is against and you didn’t get to talk to the judge before they made it, you can ask to change or cancel the order as soon as possible. The judge will listen to you, the person who asked for the order, and anyone else they think should have a say. Then they can keep, change, or cancel the order.

An interim order stays in place until there’s a decision on a full enforcement order, or until a judge or the Environment Court cancels it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238555.

Topics:
Environment and resources > Conservation
Crime and justice > Courts and legal help
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319: Decision on application, or

“The Environment Court decides whether to make or refuse an order after looking at the request.”

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321: Change or cancellation of enforcement order, or

“The Environment Court can change or cancel an enforcement order if someone affected by it asks them to.”

Part 12 Declarations, enforcement, and ancillary powers
Enforcement orders

320Interim enforcement order

  1. Except as provided in this section, the provisions of sections 314 to 319 apply to the application for, and determination of, an interim enforcement order.

  2. If an Environment Judge or a District Court Judge considers it necessary to do so, the Judge may make an interim enforcement order—

  3. without requiring service of notice in accordance with section 317; and
    1. without holding a hearing.

      1. Before making an interim enforcement order, the Environment Judge or the District Court Judge shall consider—

      2. what the effect of not making the order would be on the environment; and
        1. whether the applicant has given an appropriate undertaking as to damages; and
          1. whether the Judge should hear the applicant or any person against whom the interim order is sought; and
            1. such other matters as the Judge thinks fit.

              1. The Judge shall direct the applicant or another person to serve a copy of the interim enforcement order on the person against whom the order is made; and the order shall take effect from when it is served or such later date as the order directs.

              2. A person against whom an interim enforcement order has been made and who was not heard by a Judge before the order was made, may apply, as soon as practicable after the service of the order, to an Environment Judge or a District Court Judge to change or cancel the order; and, after hearing from the person against whom the interim enforcement order was made, the applicant, and any other person the Judge thinks fit, the Environment Judge or the District Court Judge may confirm, change, or cancel the interim enforcement order.

              3. An interim enforcement order stays in force until an application for an enforcement order under section 316 is determined, or until cancelled by an Environment Judge or a District Court Judge under subsection (5), or cancelled by the Environment Court under section 321.

              Notes
              • Section 320: replaced, on , by section 145 of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 320(2): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
              • Section 320(3): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
              • Section 320(5): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
              • Section 320(6): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
              • Section 320(6): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).