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Getting in on the Act

Introduction

The Resource Management Act: What about it? Why do we even need one?

Who looks after the environment and how?

Plans, plans, plans: what exactly are they?

What is a resource consent?

Playing by the rules

Glossary: Understanding the jargon

Playing by the rules

In life, we are all expected to bear the consequences of our actions. The RMA is no different. It sets out rights and responsibilities for all New Zealanders. If you do something that harms the environment you could be prosecuted. There's a range of penalties that can be used depending on the offence for which you are convicted. Some offences have a maximum fine of $1500 while for others you can be jailed for up to two years or fined up to $200,000. It doesn't matter whether you deliberately set out to cause an offence or not.

Councils can also issue instant infringement notices which are a bit like traffic tickets. You might get one for dumping a car or some other minor offence. These fines can range from $300 up to $1000.

Councils can also give out abatement notices which mean people have to stop doing something that is affecting the environment. If you are served with an abatement notice, you can appeal to the Environment Court if you don't think it's fair, but this doesn't mean you can ignore the notice. If you don't comply with the notice you will be committing an offence and are likely to be prosecuted by the council. Councils can also issue excessive noise directions. These are often used to get someone to turn down their stereo or stop doing something else that's keeping the neighbours awake.

Anybody can apply to the Environment Court for an enforcement order to get someone to stop doing something that may be affecting the environment. The Court will hold a hearing. Enforcement orders are best suited to ongoing problems rather than urgent problems that need to be fixed quickly, although an interim enforcement order can be dealt with quickly by the Court and will protect the environment while the Court considers the full enforcement order. Again, if you don't comply with an enforcement order, you are committing an offence.

You could get issued with an abatement notice

Kevin does up cars for fun, mostly at nights. He's spraying a Consul, breaking down an Escort, he's got two Zephyrs under tarps and a house bus on the front lawn.

For the past few months he's been getting complaints from his neighbours about the noise. One neighbour also complains about the cars on the front lawn and the smell of spray paint, but Kevin doesn't take much notice.

One evening he gets a visit from a city council enforcement officer who measures the noise and tells him that complaints have been received. Kevin continues to ignore the complaints and also takes no notice of the written warning that the enforcement officer sends him. The enforcement officer eventually serves Kevin with an abatement notice which requires him to stop working on the cars and to remove the cars and bus from the front lawn within seven days.

Kevin rings the enforcement officer back the next day and asks him what to do. The officer asks whether Kevin has considered renting a cheap lock-up so he can keep working on the cars without causing any neighbourhood strife. The officer makes it clear that, whatever Kevin decides to do in the future, he must do what the notice says now or he will be committing an offence under the RMA and will be prosecuted for it.