March 2009
The following provisions detail some of the powers of the Christchurch City Council to enforce the Resource Management Act 1991 ('the Act').
Please note that this information is provided as a guide only. It is not an exhaustive list of the enforcement powers that are available to the Council under the Resource Management Act. If you have further questions relating to this enforcement, please either contact the Council or consult with a solicitor.
Duty to give certain information under section 22 of the Act
Where any Enforcement Officer of the Council has reasonable grounds to believe that a person is breaching or has breached certain obligations under Part 3 of the Act (labelled 'Duties and Restrictions'), the Enforcement Officer may direct that person to:
Give his or her name and address.
Give the name, address and whereabouts of any other person on whose behalf the person is breaching or has breached obligations under the Act.
It is an offence under section 338(2) of the Act to fail to comply with an Enforcement Officer’s direction under section 22.
Power of entry for inspection under section 332 of the Act
Any Enforcement Officer, specifically authorised in writing by the Council, may at all reasonable times go on, into, under, or over any place or structure (except a dwelling house), for the purpose of inspection to determine whether or not:
- The Act, any regulations, a rule of a plan, a resource consent, section 10 (certain existing uses protected), section 10A (certain exiting activities allowed), or section 20A (certain lawful existing activities allowed) is being complied with.
- An enforcement order, interim enforcement order, abatement notice or a water shortage direction is being complied with.
- Any person is contravening a rule in a proposed plan in a manner prohibited by any of sections 9, 12(3), 14(2), or 15(2) (relating to restrictions on use of land, use of the coastal marine area, use of coastal water and discharge of contaminants into the environment).
- Any control imposed under schedule 12 on a recognised customary activity is being complied with.
For the purposes above, an Enforcement Officer may take samples of water, air, soil, or organic matter. An Enforcement Officer may also take a sample of any substance that the Enforcement Officer has reasonable cause to suspect is a contaminant of any water, air, soil or organic matter.
Every Enforcement Officer who exercises any power of entry under section 332 must produce for inspection his or her warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request.
If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the Enforcement Officer must leave in a prominent position at the place or attached to the structure, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection.
Any Enforcement Officer may not enter, unless the permission of the landowner is obtained, any land which any other Act states may not be entered without that permission.
Any Enforcement Officer exercising any power under section 332 may use such assistance as is reasonably necessary.
It is an offence under section 338 of the Act to wilfully obstruct, hinder, resist, or deceive an Enforcement Officer when that Officer is executing powers under section 332.
Any enforcement order under section 319 of the Act
The Council may apply to the Environment Court for an enforcement order to secure compliance with the Act. Most commonly, the Council will seek that an enforcement order do one of the following:
- Require a person to cease, or prohibit a person from commencing, anything done or to be done by or on behalf of that person, that, in the opinion of the Environment Court:
(i) Contravenes or is likely to contravene this Act, any regulations, a rule in a plan, a rule in a proposed plan, a requirement for a designation or for a heritage order, or a resource consent, section 10 (certain existing used protected), or section 20A (certain existing lawful activities allowed).
(ii) Is or 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 that, in the opinion of the Environment Court, is necessary in order to:
(i) Ensure compliance by or on behalf of that person with this Act, and any regulation, a rule in a plan, a rule in a proposed plan, a requirement for a designation or for a heritage order, or for a resource consent.
(ii) Avoid remedy or mitigate any actual or likely adverse effect on the environment caused by or on behalf of that person.
- Require a person to remedy or mitigate any adverse effect on the environment caused by or on behalf of that person.
It is an offence under section 338(1) of the Act to contravene or permit the contravention of an enforcement order.
An abatement notice under section 324 of the Act
An Enforcement Officer of the Council may serve on any person an abatement notice to secure compliance with the Act. Most commonly, an abatement notice will do one of the following:
- Require a person to cease, or prohibit a person from commencing, anything done or to be done by or on behalf of that person that, in the opinion of the Enforcement Officer:
(i) Contravenes or is likely to contravene this Act, any regulations, a rule in a plan, or a resource consent.
(ii) 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 affect on the environment.
- Require a person to do something that, in the opinion of the Enforcement Officer, is necessary to ensure compliance by or on behalf of that person with this Act, any regulations, a rule in a plan or a proposed plan, or a resource consent; and also necessary to avoid, remedy, or mitigate any actual or likely adverse affect on the environment:
(i) Caused by or on behalf of the person.
(ii) Relating to any land of which the person is the owner of occupier.
It is an offence under section 338(1) to contravene or permit the contravention of an abatement notice served by an enforcement officer under section 324.
