Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Planning Bill

Foundations - Duties and restrictions - General duties

25: Duty to avoid, minimise, or remedy adverse effects

You could also call this:

"Do no harm: avoid, minimise, or fix bad effects on the environment"

Illustration for Planning Bill

You have a duty to avoid, minimise, or fix any bad effects on the built environment from something you do. This duty applies whether or not you are following rules. You are not liable to others for not doing this duty, but you can still get an enforcement order. You might get an order to stop doing something that could harm the environment. You might also get an order to do something to fix any harm you have caused. This can happen even if you are not liable to others. There are some limits to when you can get one of these orders, which are explained in section 237(3). You should look at subpart 1 of Part 6 to see how these orders work. The Environment Court or an enforcement officer can make these decisions.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549904.

This page was last updated on — View changes

Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
Previous

24: Duty to avoid unreasonable noise, or

"Keep noise levels down to avoid disturbing others"

Next

26: Other legal requirements not affected, or

"This law doesn't replace other laws, you still have to follow them."

Part 2Foundations
Duties and restrictions: General duties

25Duty to avoid, minimise, or remedy adverse effects

  1. A person has a duty to avoid, minimise, or remedy any adverse effect on the built environment arising from an activity carried out by or on behalf of the person.

  2. The duty described in subsection (1)—

  3. applies whether or not the activity is carried out in accordance with—
    1. a national rule, a rule in a plan, a rule in a proposed plan that has legal effect, a planning consent, or a designation; or
      1. any of sections 21 to 23; and
      2. is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.

        1. Despite subsection (2)(b), an enforcement order or abatement notice may be made or served under subpart 1 of Part 6 to—

        2. require a person to cease, or prohibit a person from commencing, anything that, in the opinion of the Environment Court or an enforcement officer, is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the built environment; or
          1. require a person to do something that, in the opinion of the Environment Court or an enforcement officer, is necessary to avoid, minimise, or remedy any actual or likely adverse effect on the built environment caused by, or on behalf of, that person.

            1. Subsection (3) is subject to section 237(3) (which specifies when an Environment Court must not make an enforcement order).