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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 temporary order to stop someone harming the environment until a final decision is made.”

When you want to stop someone from doing something that might harm the environment, you can ask for an interim enforcement order. The Environment Judge or District Court Judge can make this order without telling the other person first or holding a hearing, as stated in sections 314 to 319. They can do this if they think it is necessary.

You need to consider what might happen to the environment if the order is not made, and whether the person asking for the order has promised to pay for any damages. The Judge also thinks about whether they should listen to the person asking for the order or the person the order is against. They consider other important matters too.

The Judge tells the person asking for the order to give a copy of it to the person it is against, and the order starts from when it is given or a later date. If the person the order is against was not heard by the Judge before the order was made, they can ask to change or cancel it.

The interim enforcement order stays in place until the application for an enforcement order under section 316 is decided, or until it is cancelled by an Environment Judge or District Court Judge, or by the Environment Court under section 321.

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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 Environment and resources > Town planning
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319: Decision on application, or

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

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321: Change or cancellation of enforcement order, or

"Apply to change or cancel an enforcement order that affects you"

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).