Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
343D: Entitlement to infringement fees
or “Who gets to keep the money from fines when someone breaks the rules”
You could also call this:

“This part explains important words used when talking about enforcing environmental rules.”

In this part of the law, you need to understand some important words:

Enforcement action means checking if people are following the rules or dealing with those who aren’t. This includes looking into possible rule-breaking, asking for court orders to stop bad behaviour, giving out notices to fix problems, or giving fines for breaking the rules.

An enforcement function is a job that the Environmental Protection Authority (EPA) does to make sure people follow the rules. You can find out more about these jobs in section 343F.

An incident is something that happens that might be against the rules or might show that someone isn’t following an order to fix a problem.

A subsequent action is what happens after an enforcement action. This could be taking someone to court or doing more investigations.

When an enforcement action is executed, it means the action has officially started. This could be when a court order is asked for, when a notice is given to someone, or when someone is charged with breaking the rules.

The law also says that ‘other activity’ in enforcement actions can include asking a court to make an official statement about something, as described in section 311.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 343F: Enforcement functions of EPA

or “The EPA can step in to help enforce environmental rules when local councils can't or won't.”
Next

Part 12A Enforcement functions of EPA

343ETerms used in this Part

  1. In this Part,—

    enforcement action means—

    1. an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of determining whether there is or has been—
      1. a contravention of a provision of this Act, any regulations, a rule in a plan, a rule in a proposed plan that has legal effect, a national environmental standard, or a resource consent; or
        1. a failure to comply with a requirement of an enforcement order or abatement notice; or
        2. an application for an enforcement order under section 316; or
          1. an application for an interim enforcement order under section 320; or
            1. the service of an abatement notice under section 322; or
              1. the filing of a charging document relating to an offence described in section 338; or
                1. the issuing of an infringement notice under section 343C; or
                  1. an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an enforcement action described in paragraphs (b) to (f)

                    enforcement function means a function of the EPA described in section 343F

                      incident means an occurrence that may, directly or indirectly, be linked to—

                      1. a contravention or possible contravention of a provision of this Act, any regulations, a rule in a plan, a national environmental standard, or a resource consent; or
                        1. a failure or possible failure to comply with a requirement of an enforcement order or an abatement notice

                          subsequent action—

                          1. means a prosecution, proceeding, application, or other activity that the EPA or a local authority may carry out under this Act in relation to an enforcement action that has been executed; and
                            1. includes an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an activity described in paragraph (a).

                            2. In paragraph (a) of the definition of enforcement action in subsection (1), other activity includes, without limitation, an application for a declaration under section 311.

                            3. In this Part, an enforcement action is executed when, as the case may be, the application for the enforcement order or interim order is made, the abatement notice is served, the charge is laid, or the infringement notice is issued.

                            Notes
                            • Section 343E: inserted, on , by section 96 of the Resource Management Amendment Act 2020 (2020 No 30).