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Natural Environment Bill

Enforcement and other matters - Enforcement - Declarations

254: Scope and effect of declaration

You could also call this:

"What a declaration means and how it affects the rules"

Illustration for Natural Environment Bill

A declaration is a statement that can say what a rule or power means under this proposed law. You can use it to find out if something is allowed or not. It can also say if a plan or proposal is consistent with other rules or laws, such as a national instrument or a regional spatial plan. You can use a declaration to determine if an action is a permitted activity, restricted discretionary activity, discretionary activity, or prohibited activity. The Environment Court can make a declaration on its own, without someone asking for it, during a court case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1527610.

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255: Application for declaration, or

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Part 6Enforcement and other matters
Enforcement: Declarations

254Scope and effect of declaration

  1. A declaration may declare—

  2. the existence or extent of any function, power, right, or duty under this Act, including (without limitation) any duty imposed by a national instrument; or
    1. whether a provision or proposed provision of a natural environment plan,—
      1. contrary to section 97(2)(a), does not, or is not likely to, implement a provision or proposed provision of a national instrument or regional spatial plan; or
        1. contrary to section 97(2), is, or is likely to be, inconsistent with a water conservation order, any other natural environment plan for the region, or a determination or reservation of the chief executive of the Ministry of Fisheries made under section 186E of the Fisheries Act 1996; or
        2. whether or not an act or omission, or a proposed act or omission, contravenes or is likely to contravene this Act, regulations, a rule in a plan or proposed plan, or a natural resource permit; or
          1. whether or not an act or omission, or a proposed act or omission—
            1. is a permitted activity, restricted discretionary activity, discretionary activity, or prohibited activity
              1. breaches section 25; or
              2. the point at which the landward boundary of the coastal marine area crosses any river; or
                1. any other issue or matter relating to the interpretation, administration, and enforcement of this Act, except for an issue as to whether any of sections 144 to 151 have been, or will be contravened.

                  1. In the course of any proceedings, the Environment Court may make a declaration referred to in subsection (1) on its own initiative without an application from any party to the proceedings.