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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:

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

You or anyone directly affected by an enforcement order can ask the Environment Court to change or cancel the order at any time. You need to use a special form to do this.

When you ask for a change or cancellation, the court will follow the same steps as when someone asks for a new enforcement order. This means they will let people know about your request, have a hearing, and then make a decision.

These rules are part of section 320(5) and sections 317 to 319 of the law. You can look at those parts to learn more about how the process works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238559.

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

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322: Scope of abatement notice, or

“This law explains when and how officials can tell people to stop or start doing things to protect the environment.”

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).