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Natural Environment Bill

Enforcement and other matters - Enforcement - Enforcement orders

264: Interim enforcement order

You could also call this:

"A temporary order to protect the environment while a final decision is made"

Illustration for Natural Environment Bill

If you want to get an interim enforcement order, most of the rules in sections 258 to 263 will apply. You cannot apply for an interim enforcement order under section 258(1)(g). A Judge can make an interim enforcement order without telling the other person first or without having a hearing. When a Judge is thinking about making an interim enforcement order, they must consider how not making the order would affect natural resources or people. They must also think about whether the person asking for the order has promised to pay for any damages. The Judge can decide to hear from the person asking for the order or the person the order is against. The Judge will tell someone to give a copy of the interim enforcement order to the person it is against. The order will start from when it is given or from a later date that the order says. If you get an interim enforcement order and you were not heard by a Judge first, you can ask to change or cancel it. An interim enforcement order will keep going until a Judge decides about a proper enforcement order or until it is cancelled. It can be cancelled by a Judge or by the Environment Court under section 265.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533009.

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Topics:
Environment and resources > ConservationCrime and justice > Courts and legal help
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263: Decision on application, or

"The Environment Court decides whether to approve or reject your application for an enforcement order."

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265: Change or cancellation of enforcement order, or

"Apply to change or cancel an enforcement order that affects you"

Part 6Enforcement and other matters
Enforcement: Enforcement orders

264Interim enforcement order

  1. Except as provided in this section, the provisions of sections 258 to 263 apply to the application for, and determination of, an interim enforcement order.

  2. Despite subsection (1), no person may apply for an interim enforcement order under section 258(1)(g).

  3. If an Environment Judge or a District Court Judge considers it necessary to do so, the Judge may make an interim enforcement order—

  4. without requiring service of notice in accordance with section 261; and
    1. without holding a hearing.

      1. Before making an interim enforcement order, the Environment Judge or the District Court Judge must consider—

      2. what the effect of not making the order would be on natural resources or people; and
        1. whether the applicant has given an appropriate undertaking as to damages; and
          1. whether the Judge should hear the applicant or any person against whom the interim order is sought; and
            1. such other matters as the Judge thinks fit.

              1. The Judge must direct the applicant or another person to serve a copy of the interim enforcement order on the person against whom the order is made; and the order must take effect from when it is served or such later date as the order directs.

              2. A person against whom an interim enforcement order has been made and who was not heard by a Judge before the order was made, may apply, as soon as practicable after the service of the order, to an Environment Judge or a District Court Judge to change or cancel the order; and, after hearing from the person against whom the interim enforcement order was made, the applicant, and any other person the Judge thinks fit, the Environment Judge or the District Court Judge may confirm, change, or cancel the interim enforcement order.

              3. An interim enforcement order stays in force until an application for an enforcement order under section 260 is determined, or until cancelled by an Environment Judge or a District Court Judge under subsection (6), or cancelled by the Environment Court under section 265.