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Section 330 RMA

If there is a tyre fire at a site, a council, pursuant to section 330 of the RMA, can enter a property and take action, or direct the occupier to take such action, as is immediately necessary and sufficient to remove the cause of, or mitigate any actual or likely adverse effect of, the emergency.

Before taking any action for a tyre fire, it is suggested that the territorial authority and the regional council work together. The councils should ask for assistance from:

  • the Fire Service; and
  • the Department of Conservation if it has jurisdiction for the site under the Forest and Rural Fires Act 1977.

Matters to be considered before action under section 330 is taken

The matters that were identified in Auckland City Council v Minister for the Environment should be considered by a council to determine whether it is appropriate to take action under section 330 and to determine what action should be taken. These matters are set out in the flowchart on page 23.

Case law

Auckland City Council v Minister for the Environment and others
[(1998) 5 ELRNZ 1; [1999] NZRMA 49 (EnvC).]

The Auckland City Council applied for a declaration to clarify the emergency powers in section 330. The Court held that:

  • section 330(1) specifies a set of interrelating circumstances. In summary, three areas of assessment should be applied:
    1. whether there is a situation under paras (d), (e) or (f) of section 330(1)
      1. an adverse effect on the environment which requires immediate preventive measures; or
      2. an adverse effect on the environment which requires immediate remedial measures; or
      3. any sudden event causing or likely to cause loss of life, injury, or serious damage to property -
    2. the formation of an opinion of effect or likely effect upon the public work, natural and physical resource or area, or project or work or network utility operation
    3. a decision as to the action to be taken; that is, whether to remove the cause of the emergency or to mitigate any actual or likely adverse effect of it
  • the judgements of the person/body considering taking action must be objective and that of a reasonable person/body acting in the particular circumstance
  • the action to be taken must be "immediately necessary and sufficient" for the relevant purpose (immediate response). When section 330 is properly invoked the authority acting in accordance with section 330 is entitled to claim immunity from prosecution under section 18(2)
  • local authorities when acting pursuant to section 330 must act responsibly within the bounds of the section.

 

Figure 3: Emergency action - section 330 RMA

See figure at its full size (including text description).

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