What issues can an abatement notice cover?
An enforcement officer may serve abatement notices for a variety of reasons including: 1099
- To require a person to stop, or not to start, anything which contravenes the Act, regulations, a rule in a plan or a resource consent
- To require a person to stop, or not to start, anything which is likely to be noxious, dangerous, offensive or objectionable to the extent that it is likely to have an adverse effect on the environment
- To require a person to do something that is necessary to ensure compliance with the Act, regulations, a rule in a plan or a resource consent or to avoid, remedy or mitigate any actual or likely adverse effect on the environment
- To require an occupier of land contravening section 16, relating to unreasonable noise, to adopt the best practicable option to ensure the noise does not exceed a reasonable level
An enforcement officer can also serve an excessive noise direction where he or she has received a complaint and, after investigation, forms the opinion that the noise coming from a place is excessive. Excessive noise is defined to mean any noise that is under human control and of such a nature as to unreasonably interfere with the peace, comfort and convenience of any person but does not include noise emitted by any aircraft being operated, a vehicle being driven, or a train in movement.
An excessive noise direction directs the occupier of the place from which the sound is being emitted to immediately reduce the noise to a reasonable level and prohibits excessive noise during the following 72 hours.
If the person fails to comply with the excessive noise notice an enforcement officer may enter the place where the noise source is situated (with a constable if it is a dwellinghouse) and take reasonable steps to reduce the noise to a reasonable level and seize and impound the noise source. If an enforcement officer (or constable) enters any place they must leave a copy of the excessive noise direction and a written notice describing the entry.
An abatement notice cannot be confirmed by the Environment Court if the person served with the notice was acting in accordance with a rule in a plan, a resource consent or a designation and the adverse effects in respect of which the notice was served were expressly recognised by the person who approved the plan, granted the consent or approved the designation. 1103
Section 322 Resource Management Act 1991
Section 326 Resource Management Act 1991
Section 327 Resource Management Act 1991
Section 328 Resource Management Act 1991
Section 325 Resource Management Act 1991
Last updated at 12:32PM on December 15, 2014