Civil & Administative Enforcement Under The RMA

Question 1

What are some administrative enforcement mechanisms (tools) used by enforcement officers?

Answer 1

Tools exercised by enforcement officers -
•Infringement notices
•Abatement notices
•Excessive noise directions

Enforcement officers (s 38 & s 343I)
•Employees of councils, DOC, Maritime NZ, MPI, EPA
•Persons with property guards license ( excessive noise directions)
•Hold and carry a warrant and carry proof of identity

Question 2

What sections are infringement notices?

Answer 2

ss 343A - 343D
•Issued by local authority or EPA enforcement officers
•For minor criminal breaches of the law
•RM (Infringement Offences) Regs 1999
- Schs 1 & 1A list of offences & applicable maximum fee (fine)
- Schs 2 & 3 - infringement notice and reminder notice forms

Question 3

Under what section in the RMA empowers the provision for the making of the infringement regulations?

Answer 3

s 360(1)

Question 4

What section is abatement notices?

Answer 4

s 322

Question 5

What are some abatement notice procedures?

Answer 5

•Enforcement office may serve notice on any person
•then person is required to comply within period specified in notice - s 323
•Content of notice set out in s 324
•Prescribed form in regs must be adhered to
•Notice may include conditions

Question 6

What are 3 types of abatement notices?

Answer 6

Addressing -
•Contravention of RMA, regs, plan, proposed plan, consent
•Noxious, dangerous, offensive, objectionable, acts to such and extent as to cause adverse effect on environment
•Unreasonable noise in contravention of s 16

Question 7

What section is an abatement notice for contravention of unreasonable noise?

Answer 7

•s 16
•s 322(1)(c) & s 323(2)
•Applies to -
- Occupier of land or
- Person doing something in, on, over water

•Person must adopt best practicable option to ensure noise does not exceed a reasonable level
•If failure to comply, enforcement officer may enter the place and take reasonable steps to reduce the noise (may seize the noise source)

Question 8

What must an enforcement officers opinion be of?

Answer 8

•Enforcement officer must have reasonable opinion
- that grounds for notice exist
- that action required by notice is necessary to ensure compliance or avoid etc effects

Question 9

Where can you challenge an abatement notice?

Answer 9

•Recipient can appeal to Environment court - s 325

Question 10

What section is an Excessive noise direction ( may be used in an addition to an abatement notice)?

Answer 10

ss 326-328

Question 11

What are some advantages of an excessive noise direction over an abatement notice?

Answer 11

•Direction can be in writing or given orally
•Direction can be given by enforcement officer (who maybe a property guard) or a police officer
•Lasts for 72hrs and applies immediately
•Enforcement officer with police officer can stop the noise, seize the equipment or render it inoperable if failure to comply with direction
•Police can use “reasonable force”
•No appeal rights or objection rights
•Contravention is a criminal offence - maximum penalty of &10,000 & $1000 per day
•BUT infringement fine for excessive noise is lower than for non-compliance with abatement notice