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Natural Environment Bill

Enforcement and other matters - Enforcement - Enforcement orders

260: Application for enforcement order

You could also call this:

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

Illustration for Natural Environment Bill

You can apply to the Environment Court for an enforcement order at any time. You need to use the prescribed form and apply for a type of order specified in paragraphs (a) to (d) of section 258(1), or in section 258(2). The Environment Court will consider your application. You might be a local authority, a permit authority, or the EPA, and you can apply for certain types of enforcement orders. For example, you can apply for an order of the kind specified in section 258(1) (e), section 258(1) (g), or section 258(1) (f). If you want to apply for an enforcement order under section 258(1) (h), you can do so at any time if you are a local authority. If you are not a local authority, you can apply within three months after a policy statement or plan becomes operative. When you apply, you can ask for the order to be made on certain terms and conditions allowed by section 258(3) or (4). However, some people cannot apply for an enforcement order to enforce certain conditions of a natural resource permit or a rule in a plan.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533007.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils
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259: Compliance with enforcement order, or

"Following an enforcement order to protect the environment"

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"Telling people about your application to the Environment Court"

Part 6Enforcement and other matters
Enforcement: Enforcement orders

260Application for enforcement order

  1. Any person may at any time apply to the Environment Court in the prescribed form for an enforcement order of a kind specified in paragraphs (a) to (d) of section 258(1), or in section 258(2).

  2. An application may at any time be made in the prescribed form to the Environment Court by—

  3. a local authority, a permit authority, or the EPA for an enforcement order of the kind specified in section 258(1)(e); and
    1. a local authority, a permit authority, or the EPA for an enforcement order under section 258(1)(g); and
      1. a local authority or permit authority for an enforcement order of the kind specified in section 258(1)(f).

        1. An application for an enforcement order under section 258(1)(h) may be lodged—

        2. by a local authority (or the Minister of Conservation in regard to a regional coastal plan) at any time; or
          1. by any other person, no later than 3 months after the date on which the policy statement or plan becomes operative.

            1. Any person who applies for an enforcement order under any provision of this section may request that the enforcement order be made on any terms and conditions permitted by section 258(3) or (4).

            2. No person (other than the permit authority, the EPA, or the Minister) may apply to the Environment Court for an enforcement order to enforce 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.