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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:

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

A relevant authority is the local authority, Minister of Conservation, or EPA that gave an enforcement officer permission to issue an abatement notice. If the relevant authority thinks an abatement notice is no longer needed, they can cancel it at any time. They must tell you in writing if they cancel the notice.

If an abatement notice affects you directly, you can ask the relevant authority in writing to change or cancel it. The authority will think about why the notice was given, how changing or cancelling it would affect that reason, and anything else they think is important. They can then decide to keep, change, or cancel the notice. They must tell you their decision in writing.

If you asked for the notice to be changed or cancelled, but the authority keeps it the same or changes it in a way you didn’t want, you can appeal to the Environment Court. You need to follow the rules in section 325(2) to do this.

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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
Environment and resources > Town planning
Government and voting > Local councils
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325: Appeals, or

“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.”

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325B: Restrictions on certain applications for enforcement orders and abatement notices, or

“Limits on who can ask for certain orders to stop harmful actions related to ships and the sea”

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).