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Natural Environment Bill

Enforcement and other matters - Enforcement - Abatement notices

271: Cancellation of abatement notice

You could also call this:

"Stopping a notice to fix an environmental problem"

Illustration for Natural Environment Bill

If a relevant authority thinks an abatement notice is no longer needed, they can cancel it at any time. You will get a written notice if the authority decides to cancel an abatement notice that affects you. The authority must consider your application to change or cancel an abatement notice and tell you their decision in writing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1542481.

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Part 6Enforcement and other matters
Enforcement: Abatement notices

271Cancellation of abatement notice

  1. In this section, relevant authority means whichever of the following authorised the enforcement officer who issued the abatement notice:

  2. the local authority:
    1. the EPA.
      1. If a relevant authority considers that an abatement notice is no longer required, the relevant authority may cancel the abatement notice at any time.

      2. The relevant authority must give written notice of its decision under subsection (2) to cancel an abatement notice to any person subject to that abatement notice.

      3. Any person who is directly affected by an abatement notice may apply in writing to the relevant authority to change or cancel the abatement notice.

      4. The relevant authority must, as soon as practicable, consider the application having regard to the purpose for which the abatement notice was given, the effect of a change or cancellation on that purpose, and any other matter the relevant authority thinks fit; and the relevant authority may confirm, change, or cancel the abatement notice.

      5. The relevant authority must give written notice of its decision to the person who applied under subsection (4).

      6. If the relevant authority, after considering an application made under subsection (4) by a person who is directly affected by an abatement notice, confirms that abatement notice or changes it in a way other than that sought by that person, that person may appeal to the Environment Court in accordance with section 269(2) against the whole or any part of the abatement notice.