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Resource Management Act 1991

Enforcement functions of EPA

343H: EPA may change enforcement functions

You could also call this:

“The EPA can switch its job to a different one if it thinks it needs to for a certain problem.”

The Environmental Protection Authority (EPA) can change how it handles an incident if they think it’s necessary. They can switch to any of the ways described in section 343F.

If the EPA decides to step in and take over the enforcement, as described in section 343F(c), they need to explain why they made this change. They have to include their reasons in the notice they send out, as required by section 343G(1).

This means the EPA has the flexibility to adjust its approach based on what’s happening with an incident. They can choose the best way to deal with the situation, but they need to be clear about their decisions, especially if they decide to take a more direct role.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS376979.

Topics:
Environment and resources > Conservation
Government and voting > Government departments
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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.”

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343I: EPA enforcement officers, or

“The EPA can choose special helpers to make sure people follow the rules”

Part 12A Enforcement functions of EPA

343HEPA may change enforcement functions

  1. The EPA may change its enforcement function in relation to an incident to another function described in section 343F if the EPA considers that the circumstances require it.

  2. If the EPA decides to change to an intervention function described in section 343F(c), it must include its reasons for the change in the notice required under section 343G(1).

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