Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Planning Bill

Enforcement and other matters - Enforcement - Abatement notices

241: Compliance with abatement notice

You could also call this:

"Following an abatement notice to fix a problem"

Illustration for Planning Bill

If you get an abatement notice, you must follow it within the time frame given. You will also have to pay the costs of following the notice, unless it says otherwise. You have to do what the notice says to fix the problem. If you do not follow the notice and it is about noise, an enforcement officer can enter your property. They can take steps to reduce the noise to a reasonable level and seize the noise source if needed. They must be with a constable if they enter your home. This rule does not affect your right to appeal, which is outlined in section 243.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528869.

This page was last updated on — View changes

Topics:
Housing and property > Home safety and repairsHousing and property > Land useEnvironment and resources > Town planningCrime and justice > Police and safety
Previous

240: Scope of abatement notice, or

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

Next

242: Form and content of abatement notice, or

"What an Abatement Notice Must Include"

Part 6Enforcement and other matters
Enforcement: Abatement notices

241Compliance with abatement notice

  1. A person on whom an abatement notice is served must—

  2. comply with the notice within the period specified in the notice; and
    1. unless the notice directs otherwise, pay all the costs and expenses of complying with the notice.

      1. If a person against whom an abatement notice is made under section 240(1)(c) (which relates to the emission of noise) fails to comply with the notice, an enforcement officer may, without further notice, enter the place where the noise source is situated (with a constable if the place is a dwelling house) and—

      2. take all any reasonable steps as they consider necessary to cause the noise to be reduced to a reasonable level; and
        1. when accompanied by a constable, seize and impound the noise source.

          1. This section is subject to the rights of appeal in section 243.