How can you apply for an enforcement order?
Anyone can apply for an enforcement order to require a person to comply with the provisions of the RMA. 1091 Any person may also apply for an enforcement order where the proper procedure was not carried out in preparing a policy statement or plan, but an application must be lodged within three months of the document becoming operative. Only a consent authority can apply for an enforcement order to change or cancel a resource consent or to enforce a condition requiring the adoption of the best practicable option or to require a person to do something to avoid, remedy or mitigate an adverse effect on the environment relating to land. You should seek advice from a lawyer before initiating proceedings for an enforcement order.
An application for an enforcement order must be made using the prescribed form. You will need to state:
- The nature and terms of the enforcement order sought
- The location in respect of which the enforcement order is sought
- The name and address of the person against whom the order is sought
- The terms and conditions upon which the enforcement order is sought
- You will also need to attach an affidavit in support of the application
The original and one copy of the signed application plus the filing fee need to be lodged at the appropriate office of the Environment Court. For proceedings in the South Island, documents are lodged at the Christchurch Office; for proceedings in the lower half of the North Island, documents are lodged in the Wellington Office; and for proceedings in the upper half of the North Island, documents are lodged at the Auckland office. If you are not sure which is the appropriate office contact the Environment Court to check. Documents can be lodged and served by hand, courier, post or email. When you lodge a document by email you should also mail an original signed copy to the Court.
You will need to serve notice of the application on the person against whom you are seeking the order and anyone else directly affected by the application. Service must be carried out within five working days of the application being lodged with the Environment Court. The notice of application must comply with the prescribed form. This service requirement does not apply to an application for interim enforcement order I an Environment Judge orders. Within ten working days of lodging the application you must give written notice to the Registrar stating the name and address of each person served and the date they were served.
Section 316 Resource Management Act 1991
Last updated at 1:14PM on December 11, 2014