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Natural Environment Bill

Enforcement and other matters - Enforcement - Enforcement functions of EPA

245: Terms used in this section and sections 246 to 252

You could also call this:

"What special words mean in this part of the Natural Environment Bill"

Illustration for Natural Environment Bill

You will see some new terms in this part of the Natural Environment Bill. An enforceable undertaking is a promise that a local authority or the EPA accepts under clause 24 of Schedule 8 of the Planning Act 2025. The EPA will use these terms in sections 246 to 252. You need to know what some words mean. An enforcement action is when the EPA checks if someone is breaking the rules. This can include inspecting a place or investigating something. An enforcement function is a job that the EPA does, as described in section 246. An incident is something that happens and might be related to someone breaking the rules. An interim enforcement order is an order made under section 264. A pecuniary penalty is a fine imposed under clause 30 of Schedule 8 of the Planning Act 2025. A subsequent action is what the EPA or a local authority does next after an enforcement action. This can include going to court or investigating something else. An enforcement action is executed when the EPA takes a specific step, like making an application or serving a notice. This is an important part of how the EPA enforces the rules in the Natural Environment Bill.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1526792.

This page was last updated on 14 December 2025 — View changes

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Government departments

244: Authorisation and responsibilities of enforcement officers, or

"Who can be an enforcement officer and what are their jobs and rules?"

246: Enforcement functions of EPA, or

"The EPA's job is to make sure people follow the rules and take action when needed."

Part 6Enforcement and other matters
Enforcement: Enforcement functions of EPA

245Terms used in this section and sections 246 to 252

In this section and sections 246 to 252,—
enforceable undertaking means an undertaking accepted by a local authority or the EPA under clause 24 of Schedule 8 of the Planning Act 2025
enforcement action means—
1. subject to section 246(a), an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of determining whether there is or has been—
  1. a contravention of a provision of this Act, any regulations, a rule in a plan, a rule in a proposed plan that has legal effect, a national rule, or a natural resource permit; or
  2. a failure to comply with a requirement of an enforcement order or abatement notice; or
2. an application for an enforcement order under section 260; or
3. an application for an interim enforcement order under section 260; or
4. the service of an abatement notice under section 266; or
5. the filing of a charging document relating to an offence described in section 278; or
6. the issuing of an infringement notice under section 289; or
7. a monetary benefit order made under clause 29 of Schedule 8 of the Planning Act 2025; or
8. an enforceable undertaking accepted under clause 24 of Schedule 8 of the Planning Act 2025; or
9. an application for a pecuniary penalty order under clause 30 of Schedule 8 of the Planning Act 2025; or
10. an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an enforcement action described in paragraphs (b) to (f)
enforcement function means a function of the EPA described in section 246
incident means an occurrence that may, directly or indirectly, be linked to—
1. a contravention or possible contravention of a provision of this Act, any regulations, a rule in a plan, a national rule, or a natural resource permit; or
2. a failure or possible failure to comply with a requirement of an enforcement order or an abatement notice
interim enforcement order means an order imposed under section 264
pecuniary penalty means a penalty imposed under clause 30 of Schedule 8 of the Planning Act 2025
subsequent action—
1. means a prosecution, proceeding, application, or other activity that the EPA or a local authority may carry out under this Act in relation to an enforcement action that has been executed; and
2. includes an inspection, investigation, or other activity carried out in accordance with this Act for the purpose of an activity described in paragraph (a).
In paragraph (a) of the definition of enforcement action in subsection (1), other activity includes, without limitation, an application for a declaration under section 255.
In this section and sections 246 to 252, an enforcement action is executed when, as the case may be, the application for the enforcement order, monetary benefit order, or interim order is made, the abatement notice is served, the charge is laid, the pecuniary penalty order is applied for, the enforceable undertaking is accepted, or the infringement notice is issued.