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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Abatement notices

323: Compliance with abatement notice

You could also call this:

“Rules about following instructions to fix problems and stop noise”

If you receive an abatement notice, you must follow what it says within the time it gives you. You also have to pay for all the costs of doing what the notice tells you to do, unless the notice says something different. You can appeal against the notice, as explained in section 325.

If the abatement notice is about noise that’s too loud, and you don’t do what it says, an enforcement officer can come to where the noise is coming from. They can do this without telling you first. If it’s in a house, they’ll bring a police officer with them. The officer can then do what they think is needed to make the noise quieter. If they have a police officer with them, they can also take away the thing that’s making the noise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238565.

Topics:
Environment and resources > Town planning
Crime and justice > Police and safety
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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.”

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324: Form and content of abatement notice, or

“This explains what information must be included when someone is given a notice to stop doing something wrong.”

Part 12 Declarations, enforcement, and ancillary powers
Abatement notices

323Compliance with abatement notice

  1. Subject to the rights of appeal in section 325, a person on whom an abatement notice is served shall—

  2. comply with the notice within the period specified in the notice; and
    1. unless the notice directs otherwise, pay all the costs and expenses of complying with the notice.

      1. If a person against whom an abatement notice is made under section 322(1)(c) (which relates to the emission of noise), fails to comply with the notice, an enforcement officer may, without further notice, enter the place where the noise source is situated (with a constable if the place is a dwellinghouse), and—

      2. take all such reasonable steps as he or she considers necessary to cause the noise to be reduced to a reasonable level; and
        1. when accompanied by a constable, seize and impound the noise source.