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Crown Minerals Act 1991

Permits, access to land, and other matters - Enforcement, remedies, and appeals - Civil proceedings for non-compliance with compliance notices

89ZZT: Civil proceedings relating to non-compliance with compliance notice

You could also call this:

"What happens if you don't follow a compliance notice from the government"

Illustration for Crown Minerals Act 1991

If you do not follow a compliance notice, the chief executive or an enforcement officer can ask the District Court to make an order. The court can make an order that makes you comply with the notice or stops you from doing something that goes against the notice. You can be made to comply with the notice if you have refused or failed to follow it.

The court can also stop you from doing something that goes against the notice if you have already done it, are doing it, or are likely to do it. The court can make this order whether or not you have been charged with an offence related to the notice.

You can find more information about this by looking at the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 and section 122 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=LMS623778.

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"Getting a warning to follow the rules: what happens when you're given a compliance notice"

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89ZZU: Reasonable mistake defence in pecuniary penalty proceedings, or

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Part 1BPermits, access to land, and other matters
Enforcement, remedies, and appeals: Civil proceedings for non-compliance with compliance notices

89ZZTCivil proceedings relating to non-compliance with compliance notice

  1. On an application by the chief executive or an enforcement officer, the District Court may make an order—

  2. compelling a person to comply with a compliance notice; or
    1. restraining a person from contravening a compliance notice.

      1. The court may make an order—

      2. under subsection (1)(a), if it is satisfied that the person has refused or failed to comply with a compliance notice:
        1. under subsection (1)(b), if it is satisfied that the person has contravened, is contravening, or is likely to contravene a compliance notice.

          1. The courts may make an order under subsection (2) whether or not proceedings have been brought for an offence against this Act or regulations in connection with any matter in relation to which the compliance notice was issued.

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