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Natural Environment Bill

Enforcement and other matters - Enforcement - Abatement notices

266: Scope of abatement notice

You could also call this:

"What an abatement notice can tell you to do or stop doing to protect the environment"

Illustration for Natural Environment Bill

If a proposed new law is passed, an enforcement officer can give you a notice called an abatement notice. This notice can tell you to stop doing something or not start doing something that the officer thinks is against the law or might harm the environment or people. The notice can also tell you to do something to fix a problem or follow the rules. The officer can give you this notice if they think you are doing something that is against the law or might harm the environment or people. They can also give you this notice if you own or occupy land and something on that land is causing a problem. The notice might tell you to take a specific action or to stop taking a specific action. The officer can add conditions to the notice, which means they can tell you what you need to do or not do. They can only give you the notice if they have good reasons to believe that you are doing something wrong. This power to give an abatement notice is not limited by other parts of the proposed law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1527643.

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267: Compliance with abatement notice, or

"Following an abatement notice means doing what it says within the given time."

Part 6Enforcement and other matters
Enforcement: Abatement notices

266Scope of abatement notice

  1. An abatement notice may be served on any person by an enforcement officer—

  2. requiring the person to cease, or prohibiting that person from starting, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer,—
    1. contravenes or is likely to contravene this Act, a national rule, a regulation, a rule in a plan or a proposed plan, or a natural resource permit; or
      1. 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 natural resources or people:
      2. requiring that person to do something that, in the opinion of the enforcement officer, is necessary—
        1. to ensure compliance by or on behalf of that person with this Act, a national rule, a regulation, a rule in a plan or a proposed plan, or a natural resource permit; or
          1. to avoid, minimise, or remedy any actual or likely adverse effect on natural resources or people—
            1. caused by or on behalf of the person; or
              1. relating to any land of which the person is the owner or occupier:
            2. requiring the person to take or refrain from taking any specified action so as to comply with any permit notice or covenant issued or entered into under a condition of a natural resource permit.

              1. If any person is under a duty not to contravene a rule in a proposed plan under section 17, 18(4), 20(3), or 21(3), an abatement notice may be issued to require a person—

              2. to cease, or prohibit that person from starting, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer, contravenes or is likely to contravene a rule in a proposed plan; or
                1. to do something that, in the opinion of the enforcement officer, is necessary in order to ensure compliance by or on behalf of that person with a rule in a proposed plan.

                  1. An abatement notice may be made subject to such conditions as the enforcement officer serving it thinks fit.

                  2. An abatement notice must not be served unless the enforcement officer has reasonable grounds for believing that any of the circumstances in subsection (1) or (2) exist.

                  3. The power to make an abatement notice under this section is not limited by section 15.