Resource Management Act 1991

320 Interim enforcement order

• (1) Except as provided in this section, the provisions of sections 314 to 319 apply to the application for, and determination of, an interim enforcement order.

  (2) If an Environment Judge or a District Court Judge considers it necessary to do so, the Judge may make an interim enforcement order—

  • (a) without requiring service of notice in accordance with section 317; and

  • (b) without holding a hearing.

  (3) Before making an interim enforcement order, the Environment Judge or the District Court Judge shall consider—

  • (a) what the effect of not making the order would be on the environment; and

  • (b) whether the applicant has given an appropriate undertaking as to damages; and

  • (c) whether the Judge should hear the applicant or any person against whom the interim order is sought; and

  • (d) such other matters as the Judge thinks fit.

  (4) The Judge shall direct the applicant or another person to serve a copy of the interim enforcement order on the person against whom the order is made; and the order shall take effect from when it is served or such later date as the order directs.

  (5) A person against whom an interim enforcement order has been made and who was not heard by a Judge before the order was made, may apply, as soon as practicable after the service of the order, to an Environment Judge or a District Court Judge to change or cancel the order; and, after hearing from the person against whom the interim enforcement order was made, the applicant, and any other person the Judge thinks fit, the Environment Judge or the District Court Judge may confirm, change, or cancel the interim enforcement order.

  (6) An interim enforcement order stays in force until an application for an enforcement order under section 316 is determined, or until cancelled by an Environment Judge or a District Court Judge under subsection (5), or cancelled by the Environment Court under section 321.

  Section 320: replaced, on 7 July 1993, by section 145 of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 320(2): amended, on 2 September 1996, pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).

  Section 320(3): amended, on 2 September 1996, pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).

  Section 320(5): amended, on 2 September 1996, pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).

  Section 320(6): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

  Section 320(6): amended, on 2 September 1996, pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).