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Natural Environment Bill

Enforcement and other matters - Enforcement - Abatement notices

268: Form and content of abatement notice

You could also call this:

"What an Abatement Notice Must Include"

Illustration for Natural Environment Bill

If a proposed new law is passed, an abatement notice will have to be in a special form. You will need to know what the notice says, including who it is for and why it is being given. The notice must also say what action you need to take, by when, and what might happen if you do not comply. The notice will tell you about your rights to appeal, as outlined in section 269. It will also say who issued the notice and how to contact them. The time given to take action will be reasonable, considering why the notice was given. In some cases, you will have at least 7 days to take action after the notice is served. This is if the notice is about something specific, and you are already following the rules. You can find more information about this in sections 266 and 267.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528234.

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267: Compliance with abatement notice, or

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

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269: Appeals, or

"Appealing an Abatement Notice: Your Right to Disagree"

Part 6Enforcement and other matters
Enforcement: Abatement notices

268Form and content of abatement notice

  1. An abatement notice must be in the prescribed form and must state—

  2. the name of the person to whom it is addressed; and
    1. the reasons for the notice; and
      1. the action required to be taken or ceased or not undertaken; and
        1. the period within which the action must be taken or cease; and
          1. the consequences of not complying with the notice or lodging a notice of appeal; and
            1. the rights of appeal under section 269; and
              1. in the case of a notice under section 266(1)(c), the rights of an enforcement officer under section 267 on failure of the recipient to comply with the notice within the time specified in the notice; and
                1. the name and address of the local authority or permit authority whose enforcement officer issued the notice or the address of the EPA, if the notice is issued by an enforcement officer appointed by the EPA.

                  1. For the purposes of subsection (1)(d), the period within which the action must be taken or cease—

                  2. must be reasonable period informed by the circumstances giving rise to the abatement notice; and
                    1. must not be less than 7 days after the date on which the abatement notice is served if—
                      1. the abatement notice is within the scope of section 266(1)(a)(ii); and
                        1. the person on whom the notice is served is complying with this Act, regulations, a rule in a plan, or a natural resource permit.