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 - Enforcement orders

237: Decision on application

You could also call this:

"The court decides if your application for an enforcement order is approved or not."

Illustration for Planning Bill

You can apply for an enforcement order to the Environment Court. The court may make an order or refuse your application. The court's decision is based on the information you provide. If the court makes an order, it can be about something like stopping a project. But the court cannot order someone to pay you for any losses you had because of the order. This is according to section 232 of the proposed law. The court will not make an order against someone if they are following the rules. These rules can be in a plan, a planning consent, or a designation. The person who approved the plan or gave the consent must have known about the potential problems at the time. But the court can still make an order if it thinks it is fair. This might happen if a lot of time has passed or things have changed since the plan was approved. It can also happen if the planning consent has been changed or cancelled under section 232 of the proposed law.

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 It might be out of date or be missing some parts.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=LMS1540193.

This page was last updated on — View changes

Topics:
Environment and resources > Town planningCrime and justice > Courts and legal help
Previous

236: Right to be heard, or

"Your say in court: a chance to speak up"

Next

238: Interim enforcement order, or

"A temporary order to protect the environment while a final decision is made"

Part 6Enforcement and other matters
Enforcement: Enforcement orders

237Decision on application

  1. After considering an application for an enforcement order, the Environment Court may—

  2. except as provided in subsection (2), make any appropriate order under section 232; or
    1. refuse the application.

      1. No court may order that compensation or redress be paid or provided to any person for any loss or damage arising from the revocation or suspension of the person’s planning consent under section 232(1)(g).

      2. Except as provided in subsection (4), the Environment Court must not make an enforcement order under section 232(1)(a)(ii), (b)(ii), (c), (d)(iv), or (e) against a person if—

      3. that person is acting in accordance with—
        1. a rule in a plan; or
          1. a planning consent; or
            1. a designation; and
            2. the adverse effects in respect of which the order is sought were expressly recognised by the person who approved the plan, or granted the planning consent, or approved the designation, at the time of the approval or granting, as the case may be.

              1. The Environment Court may make an enforcement order if—

              2. the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval or granting, as the case may be; or
                1. the person was acting in accordance with a planning consent that has been changed or cancelled under section 232(1)(h).