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Natural Environment Bill

Enforcement and other matters - Enforcement - Enforcement orders

265: Change or cancellation of enforcement order

You could also call this:

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

Illustration for Natural Environment Bill

You can apply to the Environment Court to change or cancel an enforcement order that affects you. You must use the prescribed form to make this application. The Environment Court will follow the same process as when an enforcement order is first applied for. You cannot apply to change or cancel an order that revokes a natural resource permit for certain reasons. These reasons are set out in section 258(1)(g). The Environment Court will consider your application. The rules about notification, hearing, and decision also apply to your application. These rules are explained in sections 261 to 263. You can find more information about these rules in those sections.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533012.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningCrime and justice > Courts and legal help
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264: Interim enforcement order, or

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

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266: Scope of abatement notice, or

"What an abatement notice can tell you to do or stop doing to protect the environment"

Part 6Enforcement and other matters
Enforcement: Enforcement orders

265Change or cancellation of enforcement order

  1. Without limiting section 264(6), any person directly affected by an enforcement order may at any time apply to the Environment Court in the prescribed form to change or cancel the order.

  2. Sections 261 to 263 (which relate to notification, hearing, and decision) apply to every application under subsection (1) as if it were an application for an enforcement order.

  3. No person may apply to change or cancel an order that revokes a natural resource permit on the grounds set out in section 258(1)(g).