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Planning Bill

Enforcement and other matters - Enforcement - Abatement notices

244: Environment Court may order stay of abatement notice

You could also call this:

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

Illustration for Planning Bill

If you appeal an abatement notice, it does not stop you from having to follow the notice unless you meet certain conditions. You can apply to an Environment Judge for a stay, which means you do not have to follow the notice while your appeal is being decided. The Judge will consider your application as soon as possible. You need to fill out a special form to apply for a stay and explain why you think it is unfair to make you follow the notice. You also need to say how the environment might be affected if you do not have to follow the notice. The Judge will think about these things before deciding whether to grant a stay. The Judge can grant or refuse a stay, and can also add conditions to the stay. If you are granted a stay, you need to give a copy of it to the local authority or EPA that issued the notice. The stay does not take effect until you have given them a copy. The stay will remain in place until the Environment Court makes a different order. You can appeal an abatement notice under section 243 and also apply for a stay of the notice. An Environment Judge may grant a stay under subsection 6.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1543716.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils
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243: Appeals, or

"Challenging an Abatement Notice: Your Right to Appeal"

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245: Cancellation of abatement notice, or

"When a notice to stop doing something harmful is no longer needed, it can be cancelled."

Part 6Enforcement and other matters
Enforcement: Abatement notices

244Environment Court may order stay of abatement notice

  1. An appeal against an abatement notice does not operate as a stay of the notice unless—

  2. the abatement notice is within the scope of section 240(1)(a)(ii) and the person against whom the notice is served is complying with this Act, any regulation made under a relevant empowering provision in this Act (including a national rule), a rule in a plan, or a planning consent; or
    1. a stay is granted by an Environment Judge under subsection (6).

      1. Any person who appeals under section 243 may also apply to an Environment Judge for a stay of the abatement notice pending the Environment Court’s decision on the appeal.

      2. An application for a stay must be in the prescribed form and must—

      3. state the reasons why the person considers it is unreasonable for the person to comply with the abatement notice; and
        1. state the likely effect on the environment if the stay is granted; and
          1. be lodged with the Environment Court and served immediately on the local authority or the EPA whose abatement notice is appealed against.

            1. If a person applies for a stay, an Environment Judge must consider the application for a stay as soon as practicable after the application has been lodged.

            2. Before granting a stay, an Environment Judge must consider—

            3. what the likely effect of granting a stay would be on the environment; and
              1. whether it is unreasonable for the person to comply with the abatement notice pending the decision on the appeal; and
                1. whether to hear—
                  1. the applicant:
                    1. the applicant; and
                    2. such other matters as the Judge thinks fit.

                      1. An Environment Judge may grant or refuse a stay and may impose any terms and conditions the Judge thinks fit.

                      2. Any person to whom a stay is granted must serve a copy of it on the local authority or the EPA whose abatement notice is appealed against, and the stay has no legal effect until served.

                      3. Any stay remains in force until an order is made otherwise by the Environment Court.