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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Abatement notices

325A: Cancellation of abatement notice

You could also call this:

“Stopping an order to fix environmental harm”

If you get an abatement notice, it means you have to stop doing something that is harming the environment. The people who gave you the notice are called the relevant authority. They can cancel the notice if they think it is no longer needed. You will get a written notice if the relevant authority decides to cancel your abatement notice. If you are affected by an abatement notice, you can ask the relevant authority to change or cancel it.

You can apply in writing to the relevant authority to change or cancel the notice. The relevant authority will think about your application and decide what to do. They might keep the notice the same, change it, or cancel it.

If you are not happy with the relevant authority’s decision, you can appeal to the Environment Court in accordance with section 325(2). The relevant authority will send you a written notice telling you what they decided. You can appeal if they keep the notice the same or change it in a way you do not like.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238577.

Topics:
Environment and resources > Conservation
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325B: Restrictions on certain applications for enforcement orders and abatement notices, or

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Part 12 Declarations, enforcement, and ancillary powers
Abatement notices

325ACancellation of abatement notice

  1. In this section, relevant authority means any of the following which or who authorised the enforcement officer who issued the abatement notice:

  2. the local authority:
    1. the Minister of Conservation:
      1. the EPA.

        1. Where a relevant authority considers that an abatement notice is no longer required, the relevant authority may cancel the abatement notice at any time.

        2. The relevant authority shall give written notice of its decision under subsection (2) to cancel an abatement notice to any person subject to that abatement notice.

        3. Any person who is directly affected by an abatement notice may apply in writing to the relevant authority to change or cancel the abatement notice.

        4. The relevant authority shall, as soon as practicable, consider the application having regard to the purpose for which the abatement notice was given, the effect of a change or cancellation on that purpose, and any other matter the relevant authority thinks fit; and the relevant authority may confirm, change, or cancel the abatement notice.

        5. The relevant authority shall give written notice of its decision to the person who applied under subsection (4).

        6. Where the relevant authority, after considering an application made under subsection (4) by a person who is directly affected by an abatement notice, confirms that abatement notice or changes it in a way other than that sought by that person, that person may appeal to the Environment Court in accordance with section 325(2) against the whole or any part of the abatement notice.

        Notes
        • Section 325A: inserted, on , by section 148 of the Resource Management Amendment Act 1993 (1993 No 65).
        • Section 325A(1): replaced, on , by section 87 of the Resource Management Amendment Act 2020 (2020 No 30).
        • Section 325A(7): amended, on , by section 118 of the Resource Management Amendment Act 2005 (2005 No 87).
        • Section 325A(7): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).