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Planning Bill

Enforcement and other matters - Enforcement - Abatement notices

245: Cancellation of abatement notice

You could also call this:

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

You can think of a relevant authority as the group that allowed an enforcement officer to issue an abatement notice. This group can be a local authority or the EPA. They can cancel an abatement notice at any time if they think it is no longer needed. You will get a written notice if a relevant authority decides to cancel an abatement notice that affects you. If an abatement notice affects you, you can ask the relevant authority to change or cancel it by writing to them. They will think about your request and decide what to do. If you ask for a change or cancellation, the relevant authority will tell you what they decide. If you do not like their decision, you can appeal to the Environment Court, following the rules in section 243(2). This means you can dispute the whole or part of the abatement notice if you are not happy with the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1543729.

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

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils

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

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

246: Restrictions on certain applications for enforcement orders and abatement notices, or

"Some actions are exempt from court orders and notices"

Part 6Enforcement and other matters
Enforcement: Abatement notices

245Cancellation of abatement notice

In this section, relevant authority means whichever of the following authorised the enforcement officer who issued the abatement notice:
the local authority:
the EPA.

Where a relevant authority considers that an abatement notice is no longer required, the relevant authority may cancel the abatement notice at any time.
The relevant authority must give written notice of its decision under subsection (2) to cancel an abatement notice to any person subject to that abatement notice.
Any person who is directly affected by an abatement notice may apply in writing to the relevant authority to change or cancel the abatement notice.
The relevant authority must, as soon as practicable, consider the application having regard to the purpose for which the abatement notice was given, the effect of a change or cancellation on that purpose, and any other matter the relevant authority thinks fit; and the relevant authority may confirm, change, or cancel the abatement notice.
The relevant authority must give written notice of its decision to the person who applied under subsection (4).
Where the relevant authority, after considering an application made under subsection (4) by a person who is directly affected by an abatement notice, confirms that abatement notice or changes it in a way other than that sought by that person, that person may appeal to the Environment Court in accordance with section 243(2) against the whole or any part of the abatement notice.