How is an application for an enforcement order processed?

The Environment Court will set down a time to hear your case for the enforcement order and the case of the person against whom the order is sought. Other affected parties may also be heard. 1092  The Environment Court will then reach a decision either to make the enforcement order or to refuse the application. The order can be made on such terms as the Court sees fit and can include a requirement to provide a bond or security for performance.

In the case of an application for an interim enforcement order, the Environment Judge or District Court Judge may make the order without requiring the service of notice or the holding of a hearing. The Environment Judge must consider what the effect of not making the order would be on the environment, whether the applicant has given an appropriate undertaking as to damages, whether the Judge should hear the applicant or the person against whom the interim order is sought, and any other matters the Judge thinks fit. If an interim enforcement order is granted, it stays in effect until the application for an enforcement order is determined. 1093

The applicant has the burden of proving, to the standard of balance of probabilities (more likely than not), that the breach has occurred. 1094

  1. Section 318 Resource Management Act 1991

  2. Section 320 Resource Management Act 1991

  3. Christchurch City Council v Ivory [1994] NZRMA 442

Last updated at 1:15PM on December 11, 2014