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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.

Offshore Renewable Energy Bill

Administration and enforcement - Enforcement - Compliance notices

128: Power to issue compliance notices

You could also call this:

"Warning notices for breaking offshore energy rules"

Illustration for Offshore Renewable Energy Bill

If you think someone is breaking a rule in the Offshore Renewable Energy Bill, you can report it. An enforcement officer will look into it and they might give the person a compliance notice. The notice will tell the person what they need to do to fix the problem.

The enforcement officer can give a compliance notice if they think the person is breaking a rule or might break a rule. They can tell the person to fix the problem, stop something from happening, or fix the things that are causing the problem. The officer will only give a notice if the problem is serious, if it has happened before, or if the person did it on purpose.

The enforcement officer does not need to investigate everything before giving a notice. They can make a decision based on the information they already have. You should know that the officer's decision will be based on what they think is best.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992311.

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"What to expect in a notice if you're not following the Offshore Renewable Energy rules"

Part 4Administration and enforcement
Enforcement: Compliance notices

128Power to issue compliance notices

  1. This section applies if an enforcement officer reasonably believes that a person—

  2. is contravening a provision of this Act or the regulations or a condition of a permit; or
    1. is likely to contravene a provision of this Act or the regulations or a condition of a permit.

      1. The enforcement officer may issue a written compliance notice requiring the person to—

      2. remedy the contravention; or
        1. prevent a likely contravention from occurring or reoccurring; or
          1. remedy the things or activities causing the contravention or likely to cause a contravention.

            1. The enforcement officer may issue a compliance notice only if, in the opinion of the enforcement officer,—

            2. the contravention or likely contravention is or would be sufficiently serious to justify the issue of a compliance notice; or
              1. there has been a repeated contravention or a repetition of behaviour that is likely to lead to a contravention occurring or recurring; or
                1. the contravention or behaviour likely to lead to a contravention has been committed intentionally or recklessly or involves negligence on the person’s part.

                  1. However, each of the criteria specified in subsection (3) may be considered on the basis of the information readily available to the enforcement officer, and the enforcement officer need not make further inquiries before applying those criteria.