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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Abatement notices

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

You could also call this:

"When you can't ask the court to stop someone from breaking environmental rules"

You cannot apply to the Environment Court for an enforcement order in certain situations. This includes when someone is doing something as instructed by the Director of Maritime New Zealand under section 248 or section 249 of the Maritime Transport Act 1994. You also cannot apply when someone is following instructions given by an on-scene commander.

You cannot apply to the Environment Court for an enforcement order to make someone stop polluting if they are already following the rules. Only certain people, like the Minister or a local authority, can apply to the Environment Court for an enforcement order to make someone comply with section 15B. This section is about restrictions on discharges of harmful substances from ships and offshore installations.

You cannot apply for an enforcement order for costs and expenses related to pollution damage if the owner of a ship is already liable for those costs under Part 25 of the Maritime Transport Act 1994. The Environment Court or any other court cannot make an order relating to such damage in any proceedings under this Act, including prosecutions for offences, as defined in section 342 of the Maritime Transport Act 1994.

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Environment and resources > ConservationCrime and justice > Courts and legal help
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Part 12Declarations, enforcement, and ancillary powers
Abatement notices

325BRestrictions on certain applications for enforcement orders and abatement notices

  1. No person may apply to the Environment Court for an enforcement order of a kind specified in any of paragraphs (a) to (d) of section 314(1), and no abatement notice shall be served on any person, in respect of anything done or to be done,—

  2. by or on behalf of the Director of Maritime New Zealand under section 248 or section 249 of the Maritime Transport Act 1994; or
    1. by or on behalf of any person in accordance with any instructions issued under either of those sections of that Act; or
      1. by or on behalf of any on-scene commander under section 305 or section 311 of that Act or in accordance with a direction given under section 310 of that Act; or
        1. by or on behalf of the master or owner of any ship, or the owner or operator of any oil transfer site or offshore installation, or any other person, in accordance with a direction given under section 305 or section 311 of that Act.

          1. No person (other than the Minister, the Director of Maritime New Zealand, a local authority, a consent authority, or the EPA) may apply to the Environment Court for an enforcement order to require any person to comply with or cease contravening section 15B (which imposes restrictions on discharges of harmful substances, contaminants, and water from ships and offshore installations).

          2. No person may apply for an enforcement order of a kind specified in section 314(1)(d) in respect of any actual or reasonable costs and expenses, where the costs and expenses which a person has incurred or is likely to incur constitute pollution damage (as defined in section 342 of the Maritime Transport Act 1994) in respect of which the owner of a CLC ship (as so defined) is liable in damages under Part 25 of that Act; and no order relating to such damage may be made by the Environment Court or any other court in any proceedings (including prosecutions for offences) under this Act.

          Notes
          • Section 325B: inserted, on , by section 17 of the Resource Management Amendment Act 1994 (1994 No 105).
          • Section 325B(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 325B(1)(a): amended, on , by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).
          • Section 325B(2): amended, on , by section 88 of the Resource Management Amendment Act 2020 (2020 No 30).
          • Section 325B(2): amended, on , by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).
          • Section 325B(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 325B(3): replaced, on , by section 53 of the Resource Management Amendment Act 1997 (1997 No 104).