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Crown Minerals Act 1991

Permits, access to land, and other matters - Enforcement, remedies, and appeals - Compliance notices

89ZZK: Power to issue compliance notices

You could also call this:

"When to get a warning for breaking a Crown Minerals Act rule"

Illustration for Crown Minerals Act 1991

The chief executive or an enforcement officer can issue a compliance notice if they think you are breaking a rule in the Crown Minerals Act 1991 or the regulations. They can also issue a notice if they think you are likely to break a rule. The notice will tell you what you need to do to fix the problem or stop it from happening.

The chief executive or enforcement officer can only issue a compliance notice if they think the problem is serious, or if it has happened before, or if you did it on purpose or were careless. They can make this decision based on the information they already have, and they do not need to look into it further.

You can find more information about this by looking at the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 and section 101 of another act.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS623397.

Topics:
Environment and resources > ConservationBusiness > Industry rules
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89ZZJ: Proceedings for alleged contravention, or

"What happens if you break a rule and promise to fix it"

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89ZZL: Content of compliance notices, or

"What a compliance notice must tell you when you're breaking a rule"

Part 1BPermits, access to land, and other matters
Enforcement, remedies, and appeals: Compliance notices

89ZZKPower to issue compliance notices

  1. This section applies if the chief executive or an enforcement officer reasonably believes that a person—

  2. is contravening a provision of this Act or the regulations; or
    1. is likely to contravene a provision of this Act or the regulations.

      1. The chief executive or enforcement officer may issue a compliance notice requiring the person to—

      2. remedy the contravention; or
        1. prevent a likely contravention from occurring; or
          1. remedy the things or activities causing the contravention or likely to cause a contravention.

            1. The chief executive or enforcement officer may issue a compliance notice only, if in the opinion of the chief executive or enforcement officer,—

            2. the contravention or likely contravention is or would be sufficiently serious to justify the issue of a compliance notice; or
              1. there has been a repeated contravention or a repetition of behaviour that is likely to lead to a contravention occurring; or
                1. the contravention or behaviour likely to lead to a contravention has been committed intentionally or recklessly or involves negligence on the person’s part.

                  1. However, each of the criteria specified in subsection (3)(a) to (c) may be considered on the basis of the information readily available to the chief executive or enforcement officer, and the chief executive or enforcement officer need not make further enquiries before applying those criteria.

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                  Notes
                  • Section 89ZZK: inserted, on , by section 18 of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).