343GIntervention by EPA

1. If the EPA intervenes in an enforcement action of a local authority in relation to an incident,—

2. the EPA must notify the chief executive of the local authority in writing of the incident to which the intervention relates and the date on which the intervention takes effect; and
3. the local authority must,—
   1. on receipt of the notice, cease any enforcement action in relation to the incident, except for an enforcement action described in paragraph (a) or (g) of the definition of enforcement action in section 343E(1); and
   2. from the date specified in the notice, cease all enforcement action in relation to the incident; and
4. the EPA takes over all enforcement action in relation to the incident from the date specified in the notice; and
5. only the EPA may take any enforcement action or subsequent action in relation to the incident unless subsection (3) applies.

6. When intervening in an enforcement action of a local authority, the EPA must not intervene in relation to an enforcement action that the local authority has already executed in respect of a person.

7. If the EPA decides to cease its intervention,—

8. it must notify the chief executive of the local authority in writing of its decision and the date on which it takes effect; and
9. it must specify in the notice the date on which the intervention will cease; and
10. the local authority may, from the date referred to in paragraph (b),—
    1. take an enforcement action or subsequent action in relation to the incident; or
    2. resume any enforcement action that it had commenced before the intervention.

11. To avoid doubt, subsection (2) does not prevent the EPA from taking an enforcement action in relation to another incident in respect of the same person.

Notes

• Section 343G: inserted, on 1 July 2020, by section 96 of the Resource Management Amendment Act 2020 (2020 No 30).