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.

Natural Environment Bill

Enforcement and other matters - Enforcement - Declarations

255: Application for declaration

You could also call this:

"Apply to the Environment Court for a Decision"

Illustration for Natural Environment Bill

You can apply to the Environment Court for a declaration at any time. You must use the prescribed form to make this application. The Environment Court will consider your application. You cannot apply for a declaration about someone breaking permit conditions unless you are the permit authority, the EPA, or the Minister. This rule applies to natural resource permits and plans that require the best practicable option to avoid harm. You must follow this rule when applying to the Environment Court. There is another rule for applying under section 254. Only a local authority, permit authority, or the Minister of Conservation can make this type of application. You must check who can apply under section 254 before making your application.

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 It might be out of date or be missing some parts.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=LMS1527611.

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

Topics:

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

254: Scope and effect of declaration, or

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

256: Notification of application, or

"Telling people about your court application"

Part 6Enforcement and other matters
Enforcement: Declarations

255Application for declaration

Subject to subsections (2) and (3), any person may at any time apply to the Environment Court in the prescribed form for a declaration.
No person (other than the permit authority, the EPA, or the Minister) may apply to the Environment Court for a declaration that a permit holder or any other person is contravening any condition of a natural resource permit or a rule in a plan or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the permit or rule relates.
No person (other than a local authority, permit authority, or the Minister of Conservation) may apply to the Environment Court for a declaration under section 254.