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Planning Bill

Enforcement and other matters - Enforcement - Abatement notices

240: Scope of abatement notice

You could also call this:

"What an abatement notice is and how it can be used to stop harmful activities"

You might get an abatement notice if you do something that breaks the rules. This notice can tell you to stop doing something or to do something to fix a problem. The person giving you the notice thinks you might be hurting the environment or breaking the law. You can get a notice if you are doing something that is noxious, dangerous, or offensive. The notice can tell you to stop or to do something to make it right. It can also tell you to do something to avoid hurting the environment. The notice can have conditions on it that you must follow. You will only get a notice if the enforcement officer has a good reason to think you are doing something wrong. They must believe that what you are doing is against the law or the rules, or that it is hurting the environment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528868.

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

Topics:

Environment and resources > ConservationEnvironment and resources > Climate and energyCrime and justice > Police and safety

239: Change or cancellation of enforcement order, or

"Apply to change or cancel an enforcement order that affects you"

241: Compliance with abatement notice, or

"Following an abatement notice to fix a problem"

Part 6Enforcement and other matters
Enforcement: Abatement notices

240Scope of abatement notice

An abatement notice may be served on any person by an enforcement officer—
requiring the person to cease, or prohibiting that person from starting, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer,—
1. contravenes or is likely to contravene this Act, any regulations, a rule in a plan, or a planning consent; or
2. is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment:
requiring that person to do something that, in the opinion of the enforcement officer, is necessary—
1. to ensure compliance by or on behalf of that person with this Act, a national rule, a regulation, a rule in a plan or a proposed plan, or a planning consent; or
2. to avoid, minimise, or remedy any actual or likely adverse effect on the environment—
  1. caused by or on behalf of the person; or
  2. relating to any land of which the person is the owner or occupier:
requiring a person who is contravening section 24 to adopt the best practicable option to ensure that the emission of noise from their activity does not exceed a reasonable level.

If any person is under a duty not to use land in a manner that contravenes a rule in a proposed plan under section 7(3), an abatement notice may be issued to require a person—
to cease, or prohibit that person from starting, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer, contravenes or is likely to contravene a rule in a proposed plan; or
to do something that, in the opinion of the enforcement officer, is necessary in order to ensure compliance by or on behalf of that person with a rule in a proposed plan.

An abatement notice may be made subject to such conditions as the enforcement officer serving it thinks fit.
An abatement notice must not be served unless the enforcement officer has reasonable grounds for believing that any of the circumstances in subsection (1) or (2) exist.