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Planning Bill

Enforcement and other matters - Enforcement - Enforcement orders

239: Change or cancellation of enforcement order

You could also call this:

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

Illustration for Planning Bill

If an enforcement order affects you, you can apply to the Environment Court to change or cancel it. You need to use the prescribed form to make this application. The Environment Court will follow the same process as when an enforcement order is first applied for. When you apply to change or cancel an enforcement order, the Court will notify people and hold a hearing. The Court will then make a decision about your application. You cannot apply to change or cancel an order that has already revoked a planning consent for certain reasons. You should look at sections 235 to 237 to find out more about how the Court will handle your application. You should also look at section 232(1)(g) to see the grounds for revoking a planning consent. These sections will help you understand the process and the rules that apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1540195.

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238: Interim enforcement order, or

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


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240: Scope of abatement notice, or

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

Part 6Enforcement and other matters
Enforcement: Enforcement orders

239Change or cancellation of enforcement order

  1. Without limiting section 238(6), any person directly affected by an enforcement order may at any time apply to the Environment Court in the prescribed form to change or cancel the order.

  2. Sections 235 to 237 (which relate to notification, hearing, and decision) apply to every application under subsection (1) as if it were an application for an enforcement order.

  3. No person may apply to change or cancel an order that revokes a planning consent on the grounds set out in section 232(1)(g).