Resource Management Act 1991

Enforcement orders

314 Scope of enforcement order

(1)

An enforcement order is an order made under section 319 by the Environment Court that may do any 1 or more of the following:

(a)

require a person to cease, or prohibit a person from commencing, anything done or to be done by or on behalf of that person, that, in the opinion of the court,—

(i)

contravenes or is likely to contravene this Act, any regulations, a rule in a plan, a rule in a proposed plan, a requirement for a designation or for a heritage order, or a resource consent, section 10 (certain existing uses protected), or section 20A (certain existing lawful activities allowed); or

(ii)

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 the environment:

(b)

require a person to do something that, in the opinion of the court, is necessary in order to—

(i)

ensure compliance by or on behalf of that person with this Act, any regulations, a rule in a plan, a rule in a proposed plan, a requirement for a designation or for a heritage order, or a resource consent; or

(ii)

avoid, remedy, or mitigate any actual or likely adverse effect on the environment caused by or on behalf of that person:

(c)

require a person to remedy or mitigate any adverse effect on the environment caused by or on behalf of that person:

(d)

require a person to pay money to or reimburse any other person for any actual and reasonable costs and expenses which that other person has incurred or is likely to incur in avoiding, remedying, or mitigating any adverse effect on the environment, where the person against whom the order is sought fails to comply with—

(i)

an order under any other paragraph of this subsection; or

(ii)

an abatement notice; or

(iii)

a rule in a plan or a proposed plan or a resource consent; or

(iv)

any of that person’s other obligations under this Act:

(da)

require a person to do something that, in the opinion of the court, is necessary in order to avoid, remedy, or mitigate any actual or likely adverse effect on the environment relating to any land of which the person is the owner or occupier:

(e)

change or cancel a resource consent if, in the opinion of the court, the information made available to the consent authority by the applicant contained inaccuracies relevant to the enforcement order sought which materially influenced the decision to grant the consent:

(f)

where the court determines that any 1 or more of the requirements of Schedule 1 have not been observed in respect of a policy statement or a plan, do any 1 or more of the following:

(i)

grant a dispensation from the need to comply with those requirements:

(ii)

direct compliance with any of those requirements:

(iii)

suspend the whole or any part of the policy statement or plan from a particular date (which may be on or after the date of the order, but no such suspension shall affect any court order made before the date of the suspension order).

(2)

For the purposes of subsection (1)(d), actual and reasonable costs include the costs of investigation, supervision, and monitoring of the adverse effect on the environment, and the costs of any actions required to avoid, remedy, or mitigate the adverse effect.

(3)

Except as provided in section 319(2), an enforcement order may be made on such terms and conditions as the Environment Court thinks fit (including the payment of any administrative charge under section 36, the provision of security, or the entry into a bond for performance).

(4)

Without limiting the provisions of subsections (1) to (3), an order may require the restoration of any natural and physical resource to the state it was in before the adverse effect occurred (including the planting or replanting of any tree or other vegetation).

(5)

An enforcement order shall, if the court so states, apply to the personal representatives, successors, and assigns of a person to the same extent as it applies to that person.

Section 314(1): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 314(1)(a): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 314(1)(a)(i): amended, on 1 August 2003, by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 314(1)(a)(i): amended, on 7 July 1993, by section 141(1) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 314(1)(b): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 314(1)(b)(i): amended, on 7 July 1993, by section 141(2) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 314(1)(d): amended, on 7 July 1993, by section 141(3)(a) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 314(1)(d): amended, on 7 July 1993, by section 141(3)(b) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 314(1)(d)(iii): amended, on 7 July 1993, by section 141(3)(c) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 314(1)(da): inserted, on 7 July 1993, by section 141(4) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 314(1)(da): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 314(1)(e): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 314(1)(f): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 314(2): replaced, on 7 July 1993, by section 141(5) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 314(3): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 314(5): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).