Resource Management Act 1991

315 Compliance with enforcement order

• (1) Where an enforcement order is made against a person, and that enforcement order is served on that person, that person shall—

  • (a) comply with the order; and

  • (b) unless the order directs otherwise, pay all the costs and expenses of complying with the order.

  (2) If a person against whom an enforcement order is made fails to comply with the order, any person may, with the consent of the Environment Court,—

  • (a) comply with the order on behalf of the person who fails to comply with the order, and for this purpose, enter upon any land or enter any structure (with a constable if the structure is a dwellinghouse); and

  • (b) sell or otherwise dispose of any structure or materials salvaged in complying with the order; and

  • (c) after allowing for any moneys received under paragraph (b), if any, recover the costs and expenses of doing so as a debt due from that person.

  (3) Any costs or expenses which remain unpaid under subsection (2)(c) may be registered under the Statutory Land Charges Registration Act 1928 as a charge on any land in respect of which an enforcement order is made.

  (4) Failure to comply with an enforcement order is an offence under section 338.

  Section 315(1): replaced, on 7 July 1993, by section 142 of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 315(2): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).