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Planning Bill

Enforcement and other matters - Enforcement - Enforcement orders

238: Interim enforcement order

You could also call this:

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

Illustration for Planning Bill

If you want to get an interim enforcement order, most of the rules in sections 232 to 237 will apply. You cannot apply for an interim enforcement order under section 232(1)(g). A Judge can make an interim enforcement order without telling the other person or holding a hearing if they think it is necessary. When a Judge considers making an interim enforcement order, they must think about how not making the order would affect the environment. They must also consider if the person asking for the order has promised to pay for any damages. The Judge can decide to hear from the person asking for the order or the person the order is against. The Judge will tell someone to give a copy of the interim enforcement order to the person it is against. The order will start when it is given to that person or on a later date the Judge decides. If you are given an interim enforcement order without being heard, you can ask a Judge to change or cancel it as soon as possible. A Judge can then hear from you, the person who asked for the order, and anyone else they think is relevant. The Judge can then confirm, change, or cancel the interim enforcement order. The interim enforcement order will stay in force until a decision is made about a full enforcement order or until a Judge cancels it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1540194.

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Topics:
Environment and resources > Conservation
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237: Decision on application, or

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

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239: Change or cancellation of enforcement order, or

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

Part 6Enforcement and other matters
Enforcement: Enforcement orders

238Interim enforcement order

  1. Except as provided in this section, the provisions of sections 232 to 237 apply to the application for, and determination of, an interim enforcement order.

  2. Despite subsection (1), no person may apply for an interim enforcement order under section 232(1)(g).

  3. If an Environment Judge or a District Court Judge considers it necessary to do so, the Judge may make an interim enforcement order—

  4. without requiring service of notice in accordance with section 235; and
    1. without holding a hearing.

      1. Before making an interim enforcement order, the Environment Judge or the District Court Judge must consider—

      2. what the effect of not making the order would be on the environment; and
        1. whether the applicant has given an appropriate undertaking as to damages; and
          1. whether the Judge should hear the applicant or any person against whom the interim order is sought; and
            1. such other matters as the Judge thinks fit.

              1. The Judge must direct the applicant or another person to serve a copy of the interim enforcement order on the person against whom the order is made; and the order must take effect from when it is served or such later date as the order directs.

              2. A person against whom an interim enforcement order has been made and who was not heard by a Judge before the order was made, may apply, as soon as practicable after the service of the order, to an Environment Judge or a District Court Judge to change or cancel the order; and, after hearing from the person against whom the interim enforcement order was made, the applicant, and any other person the Judge thinks fit, the Environment Judge or the District Court Judge may confirm, change, or cancel the interim enforcement order.

              3. An interim enforcement order stays in force until an application for an enforcement order under section 234 is determined, or until cancelled by an Environment Judge or a District Court Judge under subsection (6), or cancelled by the Environment Court under section 239.