How is an abatement notice served and confirmed?

An enforcement officer can directly serve an abatement notice on the offending party. An abatement notice must be in the prescribed form and state the name of the person to whom it is addressed, the reasons for the notice, the action required to be taken or ceased or not undertaken, the period within which the action must be taken or ceased,  the consequence of not complying with the notice, the rights of appeal, and the name and address of the local authority whose enforcement officer issued the notice. 1104

Any person directly affected by an abatement notice may apply in writing to the local authority to change or cancel the abatement notice. The local authority shall consider the application as soon as practicable having regard to the purpose for which the abatement notice was given, the effect of a change or cancellation on that purpose, and any other relevant matter. The local authority can confirm, change or cancel the abatement notice. 1105

If an abatement notice is confirmed by the local authority, the person directly affected by the notice can appeal it to the Environment Court . 1106  The notice of appeal must be in the prescribed form and be lodged with the Environment Court and served on the local authority within 15 working days of the abatement notice being served.

The person who is served with such a notice may also apply to an Environment Judge for a stay of the abatement notice pending the Environment Court’s decision on the appeal. 1107  The application for a stay must be in the prescribed form and be lodged with the Environment Court and served immediately on the local authority. An Environment Judge must consider the application for a stay as soon as possible and consider the likely effect of granting a stay on the environment, whether it is unreasonable for the person to comply with the abatement notice, whether to hear the applicant and the local authority, and any other matters the Judge thinks fit. Any stay granted remains in force until an order is made otherwise by the Environment Court.

The local authority may cancel an abatement notice any at time if it considers that it is no longer required. 1108

  1. Section 324 Resource Management Act 1991

  2. Section 325A Resource Management Act 1991

  3. Section 325 Resource Management Act 1991

  4. Section 325 Resource Management Act 1991

  5. Section 325A Resource Management Act 1991

Last updated at 12:35PM on December 15, 2014