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Resource Management Act 1991

Enforcement functions of EPA

343F: Enforcement functions of EPA

You could also call this:

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

The Environmental Protection Authority (EPA) can perform certain enforcement functions to help achieve the purpose of the Resource Management Act. You should know that the EPA can take action in three main ways:

Firstly, if a local authority hasn’t started any enforcement action for an incident, the EPA can step in and take enforcement action themselves. They can also handle any follow-up actions related to that incident.

Secondly, the EPA can work together with a local authority if the local authority agrees. In this case, the EPA can help the local authority with their enforcement action for an incident and any actions that come after.

Lastly, the EPA has the power to take over an enforcement action that a local authority has already started. This means the EPA can intervene, take control of the enforcement, and manage any actions that follow.

The EPA can choose to use these powers if they think it’s necessary or helpful for promoting the purpose of the Resource Management Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS376878.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Government and voting > Government departments
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343E: Terms used in this Part, or

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

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343G: Intervention by EPA, or

“The EPA can step in and take over when local authorities are dealing with environmental issues, but they have to follow certain rules about how and when they do this.”

Part 12A Enforcement functions of EPA

343FEnforcement functions of EPA

  1. The EPA may perform any of the following enforcement functions if satisfied that the performance of the function is necessary or desirable to promote the purpose of this Act:

  2. the EPA may take an enforcement action and any subsequent action in relation to an incident if the local authority has not commenced taking any enforcement action in relation to the same incident:
    1. the EPA may, with the agreement of a local authority, assist the local authority with an enforcement action in relation to an incident and any subsequent action:
      1. the EPA may intervene in an enforcement action of a local authority in relation to an incident by taking over the enforcement action and taking any subsequent action.

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