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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - RMA permission right

70: Environment Court may make enforcement orders

You could also call this:

"The Environment Court can stop people breaking the law and make them fix any damage they cause."

Illustration for Marine and Coastal Area (Takutai Moana) Act 2011

The Environment Court can make orders to enforce the law. You need to know that this happens when someone exercises a resource consent without getting permission from the customary marine title group. The Court can stop someone from doing something that is against the law. If someone breaks the law, the Court can use the Criminal Procedure Act 2011 to deal with the case. The Court can make orders to stop someone from doing something, or to make them fix any damage they have done. You can think of this like cleaning up a mess that someone made in a special area. The Environment Court can order someone to remove things they have built or put in the customary marine title area. The Court can also order someone to fix any harm they have caused to the area. This is to protect the area and make sure people follow the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3597272.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningCrime and justice > Police and safety
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69: Offence and penalty provision, or

"Breaking the rules in a customary title area can lead to punishment, like fines or imprisonment."

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"What a conservation permission right means for your marine area"

Part 3Customary interests
Customary marine title: RMA permission right

70Environment Court may make enforcement orders

  1. Subsection (3) applies only if, in relation to the exercise of a resource consent,—

  2. the RMA permission right is applicable; and
    1. a resource consent is exercised without the permission of the customary marine title group being obtained.

      1. If proceedings for an offence are commenced in the Environment Court, the Criminal Procedure Act 2011 applies as if a reference to the District Court were a reference to the Environment Court, with any other necessary modifications.

      2. The Environment Court may make enforcement orders to—

      3. prohibit a person from continuing the activity:
        1. require a person to remove any structure or other work or materials from the customary marine title area:
          1. require a person to rectify any adverse effects of the activity on the customary marine title area.

            Notes
            • Section 70(1): replaced, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
            • Section 70(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).