Civil Enforcement (Enforcement Orders & Interim Enforcment Orders-ss 314-321) Flashcards
What section are enforcement orders and interim enforcement orders?
as 314 - 321
What are some categories of Enforcement orders?
•Orders of the environment court and opinion of the court is determinative
•Any person may apply to the court for an order under s 314(1)(a)-(d)
•Only local authority, consent authority or EPA may apply for order under
s 314(1)(da)
•only local authority or consent authority may apply for an order under
s 314(1)(e)
What are the procedures of enforcement orders?
•Application to Environment court
•Any person can apply for some/ only local/ consent authority or EPA for others
•Prescribed form, must state grounds for application
•Must be served on all persons directly effected within 5 working days
•Applicant and person against whom order is sought both have right to be heard
•Court has discretion to make order or not
•Scope and grounds for order - s 314
What is the scope of the enforcement orders?
Similar to (but not the same as) abatement notices but
•Wider scope
•covers compliance with designations, heritage orders ss 10 and 20A existing use rights
•May require a person to something to avoid etc effects even if no breach of the Act etc.
What are some general types of enforcement orders?
s 314(1)-
- Order to comply with the Act, regulations, a rule (in a plan or a proposed plan), a requirement for a designation or for a heritage order, a resource consent, s 10 or s 20A, OR
- Order to avoid, remedy or mitigate adverse effects on the environment
What is the scope of s 314(1)(b)?
Orders requiring a person to do something necessary to -
•ensure compliance with RMA, regs, rules, consent, requirement for designation/HPO
OR
•Avoid, remedy or mitigate any actual or likely adverse effect on the environment caused by that person
What is the scope of section s 314(1)(c)?
Order to require a person to remedy or mitigate any adverse effect on the environment caused by or on behalf of that person
What is the scope of of s 314(1)(d)?
•Require a person to pay money or reimburse a person who remedies etc the harm caused by the first person
•Where the first person fails to comply with
- An enforcement order
- A rule in a plan/proposed plan
- Any of their obligations under the RMA
•S 314(2) spells out what are “actual and reasonable costs”
What is the scope of section s 314(1)(da) - (enforcement orders directed to owner or occupier)?
•Environment court can require a person to do something necessary to avoid, remedy or mitigate effects relating to land of which the person is the owner or occupier
•Only a local authority, consent authority or EPA can apply for this sort of order
What is the scope of s 314(1)(e)?
•Order may change or cancel a resource consent if the information made available to the consent authority by the applicant contained inaccuracies relevant to the enforcement order sought which materially influenced the decision to grant the consent
•Only local authority or consent authority can apply for this enforcement order
Under what sections may Enforcement Orders include terms and conditions?
s 314(3) and s 314(4)
What can happen with compliance or non-compliance of enforcement orders?
•Non-compliance is an offence - s 338(1)(b)
•Another person may comply on behalf of the person against whom the order is made with consent of the Environment court - s 315
What sections are enforcement orders limited to the powers of the court or not available?
S 319(2) and (3)
What section are interim enforcement orders under?
s 320
