Criminal Enforcement Under The RMA (powers to support enforcement)

Question 1

Who are the enforcement officers and who appoints them?

Answer 1

Local authorities may appoint (s 38 RMA) -
•Officers of the council
•Staff of DOC, MPI, Maritime NZ
•Licensed property guard to deal with complaints of excessive noise

Environmental Protection Authority may appoint (s 3431) -
•Suitability qualified employee of EPA
•Person with appropriate experience, technical competence and qualifications

Question 2

What is a warrant of appointment for enforcement officers?
(This is not a search warrant)

Answer 2

Local authority or EPA supply enforcement officer with a warrant stating -
•The full name of the officer
•A summary of the powers of the officer

•Officer must produce the warrant and proof of identity when asked

Question 3

What powers do Enforcement officers have to enter on to private property?

Answer 3

•Important to act under the correct section of RMA to authorise entry
•Options:
- s 332 entry for inspection
- s 334 entry for search

-s 333 power of entry for survey - to support preparation etc of policy statement or plan (not enforcement)

Question 4

What is the difference between inspection and search?

Answer 4

Example, Waikato RC v Campbell [2003] NZRMA 481 (HC)

•Purpose of entry onto land is critical (important to use the right section)
•If evidence is obtained during an inspection, it must be clear that the inspection was for the purpose of checking compliance ( meaning if u find evidence during an inspection u are allowed to take that evidence)