Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Enforcement orders

321: Change or cancellation of enforcement order

You could also call this:

"How to change or cancel an enforcement order about the environment"

Illustration for Resource Management Act 1991

You can apply to the Environment Court to change or cancel an enforcement order. You must use the prescribed form to make this application. The Environment Court will follow the same process as for an application for an enforcement order, which includes notification, hearing, and decision, as set out in sections 317 to 319. You cannot apply to change or cancel an order that revokes a resource consent on certain grounds, which are set out in section 314(1)(ea). This rule applies to you if you want to change or cancel an order. You must follow the rules when making an application. If you are directly affected by an enforcement order, you can apply to the Environment Court at any time. You can apply to change or cancel the order, but you must follow the rules. The rules are set out in the legislation, including section 320(5), which you should be aware of when making an application.

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This page was last updated on 28 October 2025

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

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320: Interim enforcement order, or

"A temporary order to protect the environment while a final decision is made"

322: Scope of abatement notice, or

"What an abatement notice can tell you to do or stop doing to follow the rules and protect the environment"

Part 12Declarations, enforcement, and ancillary powers
Enforcement orders

321Change or cancellation of enforcement order

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.
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.
No person may apply to change or cancel an order that revokes a resource consent on the grounds set out in section 314(1)(ea).

Notes

Section 321(1): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 321(3): inserted, on 21 August 2025, by section 75 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).