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Planning Bill

Enforcement and other matters - Enforcement - Enforcement functions of EPA

219: Terms used in this section and sections 220 to 226

You could also call this:

"What special words mean in this part of the Planning Bill"

You will see some new terms in this part of the Planning Bill. An enforceable undertaking is a promise accepted by a local authority or the EPA under clause 23 of Schedule 8. Enforcement action includes things like inspections and investigations to check if someone is following the rules. You might see the term enforcement function, which refers to the EPA's jobs described in section 220. An incident is something that happens and might be linked to someone breaking the rules or not following an enforcement order. An interim enforcement order is an order made under section 237. A pecuniary penalty is a fine imposed under clause 30 of Schedule 8. Subsequent action means what happens next after an enforcement action, like a prosecution or investigation. Enforcement action is executed when something like an application or notice is made or served. In this part of the bill, these terms have specific meanings. You can find more information about these terms in the relevant sections of the bill. These terms are important to understand how the Planning Bill will work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528581.

This page was last updated on 12 December 2025 — View changes

Topics:

Environment and resources > Town planningGovernment and voting > Local councils

218: Authorisation and responsibilities of enforcement officers, or

"Who can be an enforcement officer and what are their jobs and rules?"

220: Enforcement functions of EPA, or

"The EPA's job is to help keep people following the rules."

Part 6Enforcement and other matters
Enforcement: Enforcement functions of EPA

219Terms used in this section and sections 220 to 226

In this section and sections 220 to 226,—
enforceable undertaking means an undertaking accepted by a local authority or the EPA under clause 23 of Schedule 8
enforcement action means—
1. subject to section 220(a), an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of determining whether there is or has been a failure to comply with a requirement of an enforcement order or abatement notice; or
2. an application for an enforcement order under section 234; or
3. an application for an interim enforcement order under section 238; or
4. the service of an abatement notice under section 240; or
5. the filing of a charging document relating to an offence described in section 254; or
6. the issuing of an infringement notice under section 263; or
7. a monetary benefit order made under clause 29 of Schedule 8; or
8. an enforceable undertaking accepted under clause 21 of Schedule 8; or
9. an application for a pecuniary penalty order under clause 30 of Schedule 8; or
10. an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an enforcement action described in paragraphs (b) to (f)
enforcement function means a function of the EPA described in section 220
incident means an occurrence that may, directly or indirectly, be linked to—
1. a contravention or possible contravention of a provision of this Act, any regulations, a rule in a plan, a national rule, or a planning consent; or
2. a failure or possible failure to comply with a requirement of an enforcement order or an abatement notice
interim enforcement order means an order imposed under section 237
pecuniary penalty means a penalty imposed under clause 30 of Schedule 8
subsequent action—
1. means a prosecution, proceeding, application, or other activity that the EPA or a local authority may carry out under this Act in relation to an enforcement action that has been executed; and
2. includes an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an activity described in paragraph (a).
In paragraph (a) of the definition of enforcement action in subsection (1), other activity includes, without limitation, an application for a declaration under section 229.
In section and sections 220 to 226, an enforcement action is executed when, as the case may be, the application for the enforcement order, monetary benefit order, or interim order is made, the abatement notice is served, the charge is laid, the pecuniary order is applied for, the enforceable undertaking is accepted, or the infringement notice is issued.