Enforcement Of The RMA (introduction)

Question 1

Dealing with environmental harm, what can we do to deal with it ‘Before it happens’ and if it does happen what can we do ‘After harm occurs’?

Answer 1

PRIVATE PUBLIC/STATE before harm occurs)
Contracts Regulation
•Covenants •To control activities
•Easements. •To strengthen
property rights

       (after harm occurs)  Torts.                          Taxes  •Negligence.              Enforcement  •Nuisance                  •Criminal  •Rule in Rylands v     •Civil   Fletcher                    •Administrative  •Trespass

Question 2

What is the hierarchy of enforcement?

Answer 2

Criminal: prosecution
Civil: enforcement orders
Administrative: low level enforcement
Informal: persuasive enforcement

(Environment court doesn’t deal with prosecutions or criminal offences)

Question 3

Who are the persons with enforcement roles under the RMA?

Answer 3

•Local authorities
•Enforcement officers
•Environmental Protection Authority (EPA)