How can you apply for an enforcement order?

 Anyone can apply to the Environment Court for an enforcement order to: ⁵¹⁶⁵

• require a person to stop undertaking an activity, prevent commencing and activity that does not comply with the provisions of the RMA, a rule in a plan or a proposed plan, a heritage order, or a resource consent, or to require a person to do something necessary to ensure compliance with those instruments
• require a person to stop sundertaking an activity or prevent commencing and activity that 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.
• require a person to do something necessary to avoid, remedy, or mitigate adverse effects on the environment caused by them.
• require a person to remedy or mitigated adverse effects on the environment caused by them;
• require a person to reimburse any other person for actual or reasonable costs for undertake actions to avoid, remedy, or mitigate adverse effects caused by them if the person in certain circumstances.

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. ⁵¹⁶⁶ A local authority can seek an enforcement order on this basis at any time.  

A local authority or the EPA can apply for an enforcement order: ⁵¹⁶⁷

• to require a person to do something that the Court considers necessary to avoid remedy or mitigate actual or likely adverse effects to any land of which the person is the owner or occupier.
• to enforce a condition of a resource consent or rule in a plan or proposed plan requiring adoption of the best practicable option.

A local authority or consent authority can also apply for an order to change or cancel a resource consent if the information provided with the consent application contained inaccuracies relevant to ten enforcement sought and those inaccuracies materially influenced the decision to grant consent. ⁵¹⁶⁸

The Minister of Conservation is able to seek an enforcement order:

• Where, in relation to a regional coastal plan, the proper procedure was not carried out in preparing a policy statement or plan at any time.
• Requiring adoption of the best practicable option.

It is recommended that advice is sought   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.

Last updated at 11:15AM on August 23, 2021