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Planning Bill

Enforcement and other matters - Enforcement - Abatement notices

243: Appeals

You could also call this:

"Challenging an Abatement Notice: Your Right to Appeal"

You can appeal to the Environment Court if you get an abatement notice. You can appeal against the whole notice or just part of it. The appeal must be in a special form. You must say why you are appealing and what you want to happen. You must also include any information required by regulations made under section 281. You have 15 working days to lodge the appeal with the Environment Court and serve it on the local authority or the EPA. The Environment Court can make decisions about your appeal. If you were following the rules when you got the abatement notice, the court might not confirm the notice. But the court can still confirm the notice if it thinks it is appropriate. You were following the rules if you were acting in accordance with a plan, a planning consent, or a designation. The person who approved the plan or consent must have known about the potential problems when they approved it. The Environment Court can consider how much time has passed and if things have changed since the plan or consent was approved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1540197.

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

Topics:

Environment and resources > Town planningGovernment and voting > Local councils

242: Form and content of abatement notice, or

"What an Abatement Notice Must Include"

244: Environment Court may order stay of abatement notice, or

"Environment Court can stop an abatement notice while you appeal it"

Part 6Enforcement and other matters
Enforcement: Abatement notices

243Appeals

Any person on whom an abatement notice is served may appeal to the Environment Court against the whole or any part of the notice.
Notice of an appeal must be in the prescribed form and must—
state the reasons for the appeal and the relief sought; and
state any matters required by regulations made under section 281; and
be lodged with the Environment Court and served on the local authority or the EPA (whose abatement notice is appealed against) within 15 working days after service of the abatement notice on the appellant.

Any powers which may be exercised by an Environment Judge under this section or section 244 may be exercised by an Environment Commissioner.
The Environment Court must not confirm an abatement notice that is the subject of an appeal if—
the person served with the abatement notice was acting in accordance with—
1. a rule in a plan; or
2. a planning consent; or
3. a designation; and
the adverse effects in respect of which the notice was served were expressly recognised by the person who approved the plan, notified the proposed plan, granted the planning consent, or approved the designation at the time of the approval, notification, or granting, as the case may be.

However, the Environment Court may confirm an abatement notice under appeal in any case if the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval, notification, or granting, as the case may be.