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Planning Bill

Enforcement and other matters - Enforcement - Enforcement functions of EPA

221: Intervention by EPA

You could also call this:

"EPA takes over to help with enforcement actions"

Illustration for Planning Bill

If the EPA steps in to help with an enforcement action, they must tell the local authority about it in writing. You will know the EPA is taking over when they send this notice. The local authority must stop their enforcement action when they get the notice. When the EPA takes over, they are in charge of all enforcement actions. Only the EPA can take action unless something else is decided. The EPA cannot step in if the local authority has already taken action against someone. If the EPA decides to stop intervening, they must tell the local authority in writing. The local authority can then take action again from the date the EPA stops intervening. The EPA can still take action against the same person for a different incident.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1526853.

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Environment and resources > Town planningEnvironment and resources > ConservationGovernment and voting > Local councils
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Part 6Enforcement and other matters
Enforcement: Enforcement functions of EPA

221Intervention 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
    1. 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 219; and
        1. from the date specified in the notice, cease all enforcement action in relation to the incident; and
        2. the EPA takes over all enforcement action in relation to the incident from the date specified in the notice; and
          1. only the EPA may take any enforcement action or subsequent action in relation to the incident unless subsection (3) applies.

            1. 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.

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

            3. it must notify the chief executive of the local authority in writing of its decision and the date on which it takes effect; and
              1. it must specify in the notice the date on which the intervention will cease; and
                1. 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
                    1. resume any enforcement action that it had commenced before the intervention.

                    2. 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.