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Planning Bill

Enforcement and other matters - Enforcement - Enforcement orders

233: Compliance with enforcement order

You could also call this:

"Following an enforcement order to fix a problem"

Illustration for Planning Bill

If an enforcement order is made against you and you get a copy of it, you must follow the order. You also have to pay the costs of following the order, unless the order says you do not have to. If you do not follow the order, someone else can do what the order says on your behalf, with the Environment Court's permission. They can enter your land or building to do this, and they can sell any materials they get from following the order. You will have to pay them back for the costs of doing this, and if you do not pay, the costs can be registered as a charge on your land under the Land Transfer Act 2017. Not following an enforcement order is against the law, as stated in section 254.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1540189.

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232: Scope of enforcement order, or

"What an enforcement order can and cannot do to protect the environment"


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234: Application for enforcement order, or

"Apply to the Environment Court to make someone follow the rules"

Part 6Enforcement and other matters
Enforcement: Enforcement orders

233Compliance with enforcement order

  1. Where an enforcement order is made against a person, and that enforcement order is served on that person, that person must—

  2. comply with the order; and
    1. unless the order directs otherwise, pay all the costs and expenses of complying with the order.
      1. If a person against whom an enforcement order is made fails to comply with the order, any person may, with the consent of the Environment Court,—

      2. comply with the order on behalf of the person who fails to comply with the order, and for this purpose, enter upon any land or enter any structure (with a constable if the structure is a dwellinghouse); and
        1. sell or otherwise dispose of any structure or materials salvaged in complying with the order; and
          1. after allowing for any moneys received under paragraph (b), if any, recover the costs and expenses of doing so as a debt due from that person.
            1. Any costs or expenses which remain unpaid under subsection (2)(c) may be registered under subpart 5 of Part 3 of the Land Transfer Act 2017 as a charge on any land in respect of which an enforcement order is made.

            2. Failure to comply with an enforcement order is an offence under section 254.