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 - Enforcement orders

234: Application for enforcement order

You could also call this:

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

You can apply to the Environment Court for an enforcement order at any time. You need to use the prescribed form and apply for a kind of order specified in paragraphs (a) to (d) of section 232(1), or in section 232(2). The Environment Court will consider your application. You might be a local authority, a consent authority, or the EPA, and you can apply for an enforcement order of a certain kind. For example, you can apply for an order specified in section 232(1)(e), section 232(1)(g), or section 232(1)(f). If you want to apply for an enforcement order under section 232(1)(h), you can do so at any time if you are a local authority. If you are not a local authority, you need to apply within 3 months after the policy statement or plan becomes operative. You can also request that the enforcement order be made on certain terms and conditions permitted by section 232(3) or (4). There is a limit on who can apply for an enforcement order to enforce certain conditions. Generally, only the consent authority, the EPA, or the Minister can apply to enforce conditions that require the holder to adopt the best practicable option to avoid or minimise adverse effects.

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 It might be out of date or be missing some parts.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=LMS1540190.

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

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils

233: Compliance with enforcement order, or

"Following an enforcement order to fix a problem"

235: Notification of application, or

"Telling people about an enforcement order application"

Part 6Enforcement and other matters
Enforcement: Enforcement orders

234Application for enforcement order

Any person may at any time apply to the Environment Court in the prescribed form for an enforcement order of a kind specified in paragraphs (a) to (d) of section 232(1), or in section 232(2).
An application may at any time be made in the prescribed form to the Environment Court by—
a local authority, a consent authority, or the EPA for an enforcement order of the kind specified in section 232(1)(e); and
a local authority, a consent authority, or the EPA for an enforcement order under section 232(1)(g); and
a local authority or consent authority for an enforcement order of the kind specified in section 232(1)(f).

An application for an enforcement order under section 232(1)(h) may be lodged—
by a local authority (or the Minister of Conservation in regard to a regional coastal plan) at any time; or
by any other person, no later than 3 months after the date on which the policy statement or plan becomes operative.

Any person who applies for an enforcement order under any provision of this section may request that the enforcement order be made on any terms and conditions permitted by section 232(3) or (4).
No person (other than the consent authority, the EPA, or the Minister) may apply to the Environment Court for an enforcement order to enforce 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.