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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Offences

338: Offences against this Act

You could also call this:

"Breaking the Resource Management Act rules is against the law"

If you break the rules in the Resource Management Act, you can commit an offence. You do this by not following certain sections like sections 9, 11, 12, 13, 14, and 15. You also commit an offence if you do not follow an enforcement order or an abatement notice.

If you break the rules in section 15A or section 15C, you commit an offence. These sections are about restrictions on waste or other matter. You commit an offence if you discharge harmful substances in the coastal marine area and break section 15B.

You can also commit an offence if you do not follow section 22, which is about giving information to an enforcement officer. Not following section 42 is also an offence, as it is about protecting sensitive information. You commit an offence if you make too much noise and break an excessive noise direction under section 327.

If you stop someone from doing their job under the Resource Management Act, you commit an offence. You do this by not following section 283, which is about attending the Environment Court. Not following a summons or order to give evidence under section 41 is also an offence.

There is a time limit to charge you with an offence, which is 12 months after the local authority or consent authority finds out about the offence. This time limit is different from what is stated in section 25 of the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239038.

Topics:
Crime and justice > Criminal lawEnvironment and resources > ConservationEnvironment and resources > Town planning
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Part 12Declarations, enforcement, and ancillary powers
Offences

338Offences against this Act

  1. Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following:

  2. sections 9, 11, 12, 13, 14, and 15 (which impose duties and restrictions in relation to land, subdivision, the coastal marine area, the beds of certain rivers and lakes, water, and discharges of contaminants):
    1. any enforcement order:
      1. any abatement notice, other than a notice under section 322(1)(c):
        1. any water shortage direction under section 329.

          1. Every person commits an offence against this Act who contravenes or permits a contravention of section 15A or section 15C (which impose restrictions in relation to waste or other matter).

          2. Where any harmful substance or contaminant or water is discharged in the coastal marine area in breach of section 15B, the following persons each commit an offence:

          3. if the discharge is from a ship, the master and the owner of the ship:
            1. if the discharge is from an offshore installation, the owner of the installation.

              1. Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following:

              2. section 22, which relates to failure to provide certain information to an enforcement officer:
                1. section 42, which relates to the protection of sensitive information:
                  1. any excessive noise direction under section 327:
                    1. any abatement notice for unreasonable noise under section 322(1)(c):
                      1. any order (other than an enforcement order) made by the Environment Court.

                        1. Every person commits an offence against this Act who—

                        2. wilfully obstructs, hinders, resists, or deceives any person in the execution of any powers conferred on that person by or under this Act:
                          1. contravenes, or permits a contravention of, any of the following:
                            1. section 283, which relates to non-attendance or refusal to co-operate with the Environment Court:
                              1. any summons or order to give evidence issued or made pursuant to section 41:
                              2. contravenes, or permits a contravention of, any provision (as provided in Schedule 10) specified in an instrument for the creation of an esplanade strip or in an easement for an access strip, or enters a strip which is closed under section 237C.

                                1. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against subsection (1), (1A), or (1B) ends on the date that is 12 months after the date on which the contravention giving rise to the charge first became known, or should have become known, to the local authority or consent authority.

                                Notes
                                • Section 338(1A): inserted, on , by section 19 of the Resource Management Amendment Act 1994 (1994 No 105).
                                • Section 338(1B): inserted, on , by section 19 of the Resource Management Amendment Act 1994 (1994 No 105).
                                • Section 338(2)(e): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                                • Section 338(3)(b)(i): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                                • Section 338(3)(c): inserted, on , by section 155 of the Resource Management Amendment Act 1993 (1993 No 65).
                                • Section 338(4): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                • Section 338(4): amended, on , by section 92 of the Resource Management Amendment Act 2020 (2020 No 30).