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Planning Bill

Enforcement and other matters - Enforcement - Declarations

229: Application for declaration

You could also call this:

"Apply to the Environment Court to get a decision on a planning matter"

You can apply to the Environment Court for a declaration at any time. You need to use the prescribed form to make this application. The Environment Court will consider your application. You cannot apply for a declaration about someone breaking planning rules in certain situations. This applies to rules that require the best option to avoid harming the environment. Only certain people can make these applications. Only some people can apply for a declaration under section 228(1)(e). These people include local authorities and the Minister of Conservation. You must follow the rules to make an application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528596.

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

Topics:

Environment and resources > Town planning

228: Scope and effect of declaration, or

"What a declaration means and how it works under the Planning Bill"

230: Notification of application, or

"Telling people about your application"

Part 6Enforcement and other matters
Enforcement: Declarations

229Application for declaration

Subject to subsections (2) and (3), any person may at any time apply to the Environment Court in the prescribed form for a declaration.
No person (other than the consent authority, the EPA, or the Minister) may apply to the Environment Court for a declaration that a consent holder or any other person is contravening any condition of a planning consent or a rule in a plan or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the consent or rule relates.
No person (other than a local authority, consent authority, or the Minister of Conservation) may apply to the Environment Court for a declaration under section 228(1)(e).