Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Natural Environment Bill

Enforcement and other matters - Enforcement - Enforcement orders

263: Decision on application

You could also call this:

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

Illustration for Natural Environment Bill

If you apply for an enforcement order, the Environment Court will think about it. They can make an order under section 258, or they can refuse your application. The court's decision will depend on the details of your case. When the court makes a decision, they must follow certain rules. For example, they cannot order someone to pay compensation for a loss if their natural resource permit is revoked or suspended under section 258(1)(g). This means you will not get paid if you lose your permit. The Environment Court also has rules about when they can make an enforcement order. They cannot make an order against someone who is following the rules of a plan, or who has a natural resource permit, or a designation. This is because the person who approved the plan or permit already knew about the potential problems. However, the court can make an order if they think it is fair, considering how much time has passed and if things have changed. They can also make an order if someone's natural resource permit has been changed or cancelled under section 258(1)(h). This means the court has some flexibility when making decisions.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533011.

This page was last updated on — View changes

Topics:
Environment and resources > ConservationEnvironment and resources > Town planningCrime and justice > Police and safety
Previous

262: Right to be heard, or

"Your say in the Environment Court"

Next

264: Interim enforcement order, or

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

Part 6Enforcement and other matters
Enforcement: Enforcement orders

263Decision on application

  1. After considering an application for an enforcement order, the Environment Court may—

  2. except as provided in subsection (2), make any appropriate order under section 258; or
    1. refuse the application.

      1. No court may order that compensation or redress be paid or provided to any person for any loss or damage arising from the revocation or suspension of the person’s natural resource permit under section 258(1)(g).

      2. Except as provided in subsection (4), the Environment Court must not make an enforcement order under section 258(1)(a)(ii), (b)(ii), (c), (d)(iv), or (e) against a person if—

      3. that person is acting in accordance with—
        1. a rule in a plan; or
          1. a natural resource permit; or
            1. a designation; and
            2. the adverse effects in respect of which the order is sought were expressly recognised by the person who approved the plan, or granted the natural resource permit, or approved the designation, at the time of the approval or granting, as the case may be.

              1. The Environment Court may make an enforcement order if—

              2. the court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval or granting, as the case may be; or
                1. the person was acting in accordance with a natural resource permit that has been changed or cancelled under section 258(1)(h).