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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Enforcement orders

321: Change or cancellation of enforcement order

You could also call this:

“Apply to change or cancel an enforcement order that affects you”

If you are directly affected by an enforcement order, you can apply to the Environment Court to change or cancel it. You need to use the prescribed form to make this application. You can do this at any time, and it is not limited by what is said in section 320(5).

When you make an application to change or cancel an enforcement order, the Environment Court will follow the same process as if you were applying for a new enforcement order. This means that the rules about notification, hearing, and decision, which are explained in sections 317 to 319, will apply to your application.

You will need to follow these rules to make sure your application is processed correctly.

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Topics:
Environment and resources > Town planning Environment and resources > Conservation
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320: Interim enforcement order, or

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

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322: Scope of abatement notice, or

"What an abatement notice is and how it can be used to stop environmental harm or law breaking."

Part 12 Declarations, enforcement, and ancillary powers
Enforcement orders

321Change or cancellation of enforcement order

  1. Without limiting section 320(5), any person directly affected by an enforcement order may at any time apply to the Environment Court in the prescribed form to change or cancel the order.

  2. Sections 317 to 319 (which relate to notification, hearing, and decision) apply to every application under subsection (1) as if it were an application for an enforcement order.

Notes
  • Section 321(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).