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Natural Environment Bill

Enforcement and other matters - Enforcement - Abatement notices

270: Environment Court may order stay of abatement notice

You could also call this:

"What happens if you appeal an abatement notice and want to stop following it?"

Illustration for Natural Environment Bill

If you appeal an abatement notice, it does not stop you from having to follow the notice unless you meet certain conditions. You might meet these conditions if you are already following the rules or if an Environment Judge grants you a stay. An Environment Judge can grant a stay, which means you do not have to follow the abatement notice while your appeal is being decided. You can ask an Environment Judge for a stay if you appeal an abatement notice. You need to fill out a special form and explain why you think it is unfair to make you follow the notice. You also need to say how the environment might be affected if you do not have to follow the notice. An Environment Judge will look at your application for a stay as soon as possible. Before making a decision, the Judge will think about how the environment might be affected and whether it is unfair to make you follow the notice. The Judge might also want to hear from you and the people who gave you the abatement notice. The Environment Judge can decide to grant or refuse a stay, and can add conditions to the stay. If you are granted a stay, you need to give a copy to the local authority or the EPA, and the stay does not take effect until you do this. The stay will remain in place until the Environment Court makes a different decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1541909.

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Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils
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269: Appeals, or

"Appealing an Abatement Notice: Your Right to Disagree"

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271: Cancellation of abatement notice, or

"Stopping a notice to fix an environmental problem"

Part 6Enforcement and other matters
Enforcement: Abatement notices

270Environment Court may order stay of abatement notice

  1. An appeal against an abatement notice does not operate as a stay of the notice unless—

  2. the abatement notice is within the scope of section 266(1)(a)(ii) and the person against whom the notice is served is complying with this Act, regulations, any national rule, a rule in a plan, or a natural resource permit; or
    1. a stay is granted by an Environment Judge under subsection (6).

      1. Any person who appeals under section 269(1) may also apply to an Environment Judge for a stay of the abatement notice pending the Environment Court’s decision on the appeal.

      2. An application for a stay must be in the prescribed form and must—

      3. state the reasons why the person considers it is unreasonable for the person to comply with the abatement notice; and
        1. state the likely effect on the environment if the stay is granted; and
          1. be lodged with the Environment Court and served immediately on the relevant authority whose abatement notice is appealed against.

            1. If a person applies for a stay, an Environment Judge must consider the application for a stay as soon as practicable after the application has been lodged.

            2. Before granting a stay, an Environment Judge must consider—

            3. what the likely effect of granting a stay would be on the environment; and
              1. whether it is unreasonable for the person to comply with the abatement notice pending the decision on the appeal; and
                1. whether to hear—
                  1. the applicant:
                    1. the relevant authority whose abatement notice is appealed against; and
                    2. such other matters as the Judge thinks fit.

                      1. An Environment Judge may grant or refuse a stay and may impose any terms and conditions the Judge thinks fit.

                      2. Any person to whom a stay is granted must serve a copy of it on the local authority or the EPA whose abatement notice is appealed against, and the stay has no legal effect until served.

                      3. Any stay remains in force until an order is made otherwise by the Environment Court.