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Natural Environment Bill

Enforcement and other matters - Enforcement - Enforcement orders

259: Compliance with enforcement order

You could also call this:

"Following an enforcement order to protect the environment"

Illustration for Natural Environment Bill

If an enforcement order is made against you and you get a copy of it, you must follow the order and pay the costs of doing so, unless the order says otherwise. You have to do what the order says, or someone else can do it for you with the Environment Court's permission. They can enter your land or building to do the work, and sell any materials they get from it. If someone else does the work for you, they can try to get their money back from you after selling any materials. If you still do not pay, the costs can be registered as a charge on your land under the Land Transfer Act 2017. Not following an enforcement order is against the law, as stated in section 278. You can get in trouble if you do not comply with the order. The Environment Court has a say in what happens if you do not follow the order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533006.

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258: Scope of enforcement order, or

"What an enforcement order can make you do to protect the environment"


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260: Application for enforcement order, or

"How to ask the Environment Court for an enforcement order to protect the environment"

Part 6Enforcement and other matters
Enforcement: Enforcement orders

259Compliance with enforcement order

  1. Where an enforcement order is made against a person, and that enforcement order is served on that person, that person must—

  2. comply with the order; and
    1. unless the order directs otherwise, pay all the costs and expenses of complying with the order.
      1. If a person against whom an enforcement order is made fails to comply with the order, any person may, with the consent of the Environment Court,—

      2. comply with the order on behalf of the person who fails to comply with the order, and for this purpose, enter upon any land or enter any structure (with a constable if the structure is a dwellinghouse); and
        1. sell or otherwise dispose of any structure or materials salvaged in complying with the order; and
          1. after allowing for any moneys received under paragraph (b), if any, recover the costs and expenses of doing so as a debt due from that person.
            1. Any costs or expenses which remain unpaid under subsection (2)(c) may be registered under subpart 5 of Part 3 of the Land Transfer Act 2017 as a charge on any land in respect of which an enforcement order is made.

            2. Failure to comply with an enforcement order is an offence under section 278.