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Offshore Renewable Energy Bill

Administration and enforcement - Enforcement - Compliance notices

136: Civil proceedings relating to non-compliance with compliance notice

You could also call this:

"What happens if you don't follow the rules: the court can make you comply"

Illustration for Offshore Renewable Energy Bill

If you do not follow a compliance notice, an enforcement officer can ask the District Court to make an order. The court can make an order that forces you to comply with the notice or stops you from doing something that goes against the notice. You might get this order if you refused to follow the notice or if you are likely to break the rules in the notice.

The court can make this order even if you have not been charged with a crime related to the compliance notice. The court's decision is based on whether you have refused or failed to comply with the notice, or if you have broken or are likely to break the rules in the notice. This can happen whether or not you are being prosecuted for a crime under this proposed law or its regulations.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992319.

135: How compliance notice is issued, or

"How you are told about a compliance notice"

137: Enforcement officer may accept enforceable undertakings, or

"Breaking a rule? You can promise to fix it and the officer might accept"

Part 4Administration and enforcement
Enforcement: Compliance notices

136Civil proceedings relating to non-compliance with compliance notice

On an application by an enforcement officer, the District Court may make an order—
compelling a person to comply with a compliance notice; or
restraining a person from contravening a compliance notice.

The court may make an order—
under subsection (1)(a) if it is satisfied that the person has refused or failed to comply with a compliance notice:
under subsection (1)(b) if it is satisfied that the person has contravened, is contravening, or is likely to contravene a compliance notice.

The court may make an order under subsection (1) whether or not proceedings have been brought for an offence against this Act or regulations in connection with any matter in relation to which the compliance notice was issued.