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Natural Environment Bill

Foundations - Duties and restrictions - General duty

26: Duty to avoid, minimise, or remedy adverse effects

You could also call this:

"Look after the environment and people by avoiding or fixing harm you cause"

Illustration for Natural Environment Bill

You have a duty to avoid, minimise, or fix any bad effects on natural resources or people from something you do. This duty applies even if you are following the rules. You are responsible for avoiding bad effects, no matter what. You cannot be taken to court just for not following this duty. But, the Environment Court or an enforcement officer can still make you stop doing something or make you fix a problem if it is harming natural resources or people. They can do this to prevent or fix bad effects on natural resources or people. The Environment Court or an enforcement officer can make you take action to avoid, minimise, or fix bad effects. This can include stopping something that is causing harm or doing something to fix a problem. There are some limits on when the Environment Court can make these orders, which are set out in section 263(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549981.

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Environment and resources > ConservationEnvironment and resources > Town planningHealth and wellbeing > Public health
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Part 2Foundations
Duties and restrictions: General duty

26Duty to avoid, minimise, or remedy adverse effects

  1. A person has a duty to avoid, minimise, or remedy any adverse effect on natural resources or people arising from an activity carried out by or on behalf of the person.

  2. The duty described in subsection (1)—

  3. applies whether or not the activity is carried out in accordance with—
    1. a national rule, a rule in a plan, a rule in a proposed plan that has legal effect, or a permit; or
      1. section 25; and
      2. is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.

        1. Despite subsection (2)(b), an enforcement order or abatement notice may be made or served under subpart 1 of Part 6 to—

        2. require a person to cease, or prohibit a person from commencing, anything that, in the opinion of the Environment Court or an enforcement officer, is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on natural resources or people; or
          1. require a person to do something that, in the opinion of the Environment Court or an enforcement officer, is necessary in order to avoid, minimise, or remedy any actual or likely adverse effect on natural resources or people caused by, or on behalf of, that person.

            1. Subsection (3) is subject to section 263(3) (which specifies when the Environment Court must not make an enforcement order).