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Planning Bill

Enforcement and other matters - Enforcement - Abatement notices

242: Form and content of abatement notice

You could also call this:

"What an Abatement Notice Must Include"

Illustration for Planning Bill

If a proposed new law is passed, an abatement notice will have to include certain information. You will need to know the name of the person the notice is for. The notice will also state the reasons for it and what action you need to take. You will be told how long you have to take the action and what might happen if you do not comply. The notice will explain your rights to appeal, as outlined in section 243. It will also include the name and address of the local authority or EPA that issued the notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1540196.

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241: Compliance with abatement notice, or

"Following an abatement notice to fix a problem"


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243: Appeals, or

"Challenging an Abatement Notice: Your Right to Appeal"

Part 6Enforcement and other matters
Enforcement: Abatement notices

242Form and content of abatement notice

  1. An abatement notice must be in the prescribed form and must state—

  2. the name of the person to whom it is addressed; and
    1. the reasons for the notice; and
      1. the action required to be taken or ceased or not undertaken; and
        1. the period within which the action must be taken or cease; and
          1. the consequences of not complying with the notice or lodging a notice of appeal; and
            1. the rights of appeal under section 243; and
              1. in the case of a notice under section 240(1)(c), the rights of an enforcement officer under section 241 on the failure of the recipient to comply with the notice within the time specified in the notice; and
                1. the name and address of the local authority or the EPA whose enforcement officer issued the notice.
                  1. For the purposes of subsection (1)(d), the period within which the action must be taken or cease—

                  2. must be a reasonable period informed by the circumstances giving rise to the abatement notice; but
                    1. must not be less than 7 days after the date on which the abatement notice is served if—
                      1. the abatement notice is within the scope of section 240(1)(a)(ii); and
                        1. the person on whom it is served is complying with this Act, regulations, a rule in a plan, or a planning consent.