Archive | Enforcement

Compliance and/or Enforcement Issues under the Resource Management Act

Enforcement action –

Enforcement action is when (generally) councils take some form of action to ensure that people are complying with: the Resource Management Act, regulations, a resource consent, a requirement, with district/regional plans including proposed plans or if someone is not complying with their duty to avoid, remedy or mitigate environmental effects or to avoid making unreasonable noise.  Enforcement action is usually initiated by compliant(s) received by councils about a particular activity or structure.

Some of the most common types of enforcement action are: action taken for non-compliance’s with either a District or Regional Plan, for breaching the Resource Management Act or for breaching the conditions of an approved resource consent.

Breaching a District or Regional Plan:

A breach of a District or Regional Plan can be unintentional, when property owners or business owners are not aware of all relevant rules within plans. An example of a potential breach is if the Plan requires discretionary activity resource consent for the establishment of a childcare centre and no consent is obtained.

Breaching the Resource Management Act:

Common breaches of the Resource Management Act include contravening the duties within sections 16 and 17 of the Act. An example of a breach of the section 16 duty is undertaking or allowing an activity to be undertaken that exceeds a reasonable noise level. An example of a breach of the section 17 duty is undertaking or allowing an activity to be undertaken that creates adverse effects such as allowing rubbish, tyres and/or abandoned vehicles to create adverse amenity effects to the surrounding environment.

Breaching a Condition of an Approved Resource Consent:

A breach of an approved resource consent can be unintentional when new property owners or lease holders or business owners are not aware that there are resource consent conditions to be complied with. An example of this is where an activity such as a childcare centre has obtained resource consent to operate and the resource consent is subject to conditions regarding operating hours and maximum number of children (and/or staff).

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