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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Abatement notices

324: Form and content of abatement notice

You could also call this:

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

When you receive an abatement notice, it must follow a specific form and include certain information. The notice will tell you your name and explain why it was given to you. It will also say what you need to do or stop doing, and when you need to do it by. The time given must be reasonable, but if you’re already following the rules and the notice is about section 322(1)(a)(ii), you’ll get at least 7 days.

The notice will also tell you what might happen if you don’t follow it or if you want to appeal. It will explain your right to appeal under section 325. If the notice is about section 322(1)(c), it will explain what an enforcement officer can do under section 323(2) if you don’t follow the notice in time.

Lastly, the notice will include the name and address of the local authority or consent authority whose enforcement officer gave you the notice. If the notice comes from an enforcement officer appointed by the EPA, it will have the EPA’s address instead.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238566.

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Environment and resources > Conservation
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323: Compliance with abatement notice, or

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Part 12 Declarations, enforcement, and ancillary powers
Abatement notices

324Form and content of abatement notice

  1. Every abatement notice shall be in the prescribed form and shall state—

  2. the name of the person to whom it is addressed; and
    1. the reasons for the notice; and
      1. the action required to be taken or ceased or not undertaken; and
        1. the period within which the action must be taken or cease, having regard to the circumstances giving rise to the abatement notice, being a reasonable period to take the action required or cease the action; but must not be less than 7 days after the date on which the notice is served if the abatement notice is within the scope of section 322(1)(a)(ii) and the person against whom the notice is served is complying with this Act, any regulation, a rule in a plan, or a resource consent; and
          1. the consequences of not complying with the notice or lodging a notice of appeal; and
            1. the rights of appeal under section 325; and
              1. in the case of a notice under section 322(1)(c), the rights of an enforcement officer under section 323(2) on failure of the recipient to comply with the notice within the time specified in the notice; and
                1. the name and address of the local authority or consent authority whose enforcement officer issued the notice or the address of the EPA, if the notice is issued by an enforcement officer appointed by the EPA.

                  Notes
                  • Section 324(d): replaced, on , by section 51(1) of the Resource Management Amendment Act 1997 (1997 No 104).
                  • Section 324(f): amended, on , by section 51(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                  • Section 324(g): amended, on , by section 85(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                  • Section 324(h): amended, on , by section 85(2) of the Resource Management Amendment Act 2020 (2020 No 30).