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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Abatement notices

325: Appeals

You could also call this:

“This explains how you can challenge a notice that tells you to stop doing something harmful to the environment, and what happens when you do.”

You can appeal against an abatement notice if you’ve been served with one. You need to send your appeal to the Environment Court within 15 working days of getting the notice. In your appeal, you should explain why you’re appealing and what you want to happen.

Usually, you still have to follow the abatement notice while you’re waiting for your appeal to be decided. But you can ask an Environment Judge to pause the notice. To do this, you need to explain why it’s unfair for you to follow the notice and how pausing it might affect the environment.

The Environment Court won’t confirm an abatement notice if you were following the rules of a plan, a resource consent, or a designation, and the person who approved these knew about the potential problems. However, the court might still confirm the notice if a lot of time has passed or things have changed since the approval.

The Environment Court or an Environment Commissioner will look at your appeal and decide what to do. They might agree with the notice, change it, or cancel it. They’ll think about things like how it might affect the environment and if it’s fair to make you follow the notice while waiting for the appeal decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238569.

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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.”

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325A: Cancellation of abatement notice, or

“Rules about stopping or changing a notice that tells someone to fix an environmental problem”

Part 12 Declarations, enforcement, and ancillary powers
Abatement notices

325Appeals

  1. Any person on whom an abatement notice is served may appeal to the Environment Court in accordance with subsection (2) against the whole or any part of the notice.

  2. Notice of an appeal under subsection (1) shall be in the prescribed form and shall—

  3. state the reasons for the appeal and the relief sought; and
    1. state any matters required by regulations; and
      1. be lodged with the Environment Court and served on the relevant authority (whose abatement notice is appealed against) within 15 working days of service of the abatement notice on the appellant.

        1. An appeal against an abatement notice does not operate as a stay of the notice unless—

        2. 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; or
          1. a stay is granted by an Environment Judge under subsection (3D).

            1. Any person who appeals under subsection (1) may also apply to an Environment Judge for a stay of the abatement notice pending the Environment Court's decision on the appeal

            2. An application for a stay must be in the prescribed form and must—

            3. state the reasons why the person considers it is unreasonable for the person to comply with the abatement notice; and
              1. state the likely effect on the environment if the stay is granted; and
                1. be lodged with the Environment Court and served immediately on the relevant authority whose abatement notice is appealed against.

                  1. Where a person applies for a stay under subsection (3A), an Environment Judge must consider the application for a stay as soon as practicable after the application has been lodged.

                  2. Before granting a stay, an Environment Judge must consider—

                  3. what the likely effect of granting a stay would be on the environment; and
                    1. whether it is unreasonable for the person to comply with the abatement notice pending the decision on the appeal; and
                      1. whether to hear—
                        1. the applicant:
                          1. the relevant authority whose abatement notice is appealed against; and
                          2. such other matters as the Judge thinks fit.

                            1. An Environment Judge may grant or refuse a stay and may impose any terms and conditions the Judge thinks fit.

                            2. Any person to whom a stay is granted under subsection (3E) must serve a copy of it on the relevant authority whose abatement notice is appealed against; and no such stay has legal effect until so served.

                            3. Any stay granted under subsection (3E) remains in force until an order is made otherwise by the Environment Court.

                            4. Notwithstanding section 309, any powers which may be exercised by an Environment Judge under this section may be exercised by an Environment Commissioner.

                            5. Repealed

                            6. Except as provided in subsection (6), the Environment Court must not confirm an abatement notice that is the subject of an appeal if—

                            7. the person served with the abatement notice was acting in accordance with—
                              1. a rule in a plan; or
                                1. a resource consent; or
                                  1. a designation; and
                                  2. the adverse effects in respect of which the notice was served were expressly recognised by the person who approved the plan, or notified the proposed plan, or granted the resource consent, or approved the designation, at the time of the approval, notification, or granting, as the case may be.

                                    1. The Environment Court may confirm an abatement notice, that is the subject of an appeal, if the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval, notification, or granting, as the case may be.

                                    2. In this section, relevant authority means the local authority, the consent authority, or the EPA.

                                    Notes
                                    • Section 325(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                                    • Section 325(2)(c): amended, on , by section 86(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                                    • Section 325(2)(c): amended, on , by section 52(1) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 325(2)(c): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                                    • Section 325(3): replaced, on , by section 52(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 325(3A): inserted, on , by section 52(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 325(3B): inserted, on , by section 52(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 325(3B)(c): amended, on , by section 86(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                                    • Section 325(3C): inserted, on , by section 52(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 325(3D): inserted, on , by section 52(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 325(3D)(c)(ii): amended, on , by section 86(3) of the Resource Management Amendment Act 2020 (2020 No 30).
                                    • Section 325(3E): inserted, on , by section 52(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 325(3F): inserted, on , by section 52(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 325(3F): amended, on , by section 86(4) of the Resource Management Amendment Act 2020 (2020 No 30).
                                    • Section 325(3F): amended, on , by section 136(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                    • Section 325(3G): inserted, on , by section 52(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 325(3H): inserted, on , by section 52(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                                    • Section 325(4): repealed, on , by section 136(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                    • Section 325(5): replaced, on , by section 84 of the Resource Management Amendment Act 2003 (2003 No 23).
                                    • Section 325(6): inserted, on , by section 84 of the Resource Management Amendment Act 2003 (2003 No 23).
                                    • Section 325(7): inserted, on , by section 86(5) of the Resource Management Amendment Act 2020 (2020 No 30).