Appendix 2A: Abatement Notice
Abatement Notice under Section 322 of the Resource Management Act 1991
To: Martin Jason Cavanagh
1. The XXX District Council gives notice that you must take the following action:
Cease storing tyres at your Morris Road property by:
(a) removing all of the tyres that are stored at your Morris Road property and taking the tyres to a site that is authorised to accept the tyres; and
(b) not importing any further tyres for storage at your Morris Road property.
2. The location to which this abatement notice applies is:
The property owned by you of 10.34 hectares at RD 1, Morris Road, Smalltown legally described as Lot 1 DPS. 2333, South Auckland Land Registration District (referred to in this notice as "your Morris Road property").
3. You must comply with this abatement notice within the following period:
Within one month of service of this abatement notice on you, namely by 3 June 2004.
4. This notice imposes the following further conditions:
Three days prior to removing the tyres from your Morris Road property, you are to give the XXX District Council written notice of the site that you propose to take the tyres to.
5. This notice is issued under:
Section 322 (1)(a)(ii) and section 17(3) of the Resource Management Act 1991.
6. The reasons for this notice are:
You have stored tyres at your Morris Road property and this is likely to be noxious, dangerous, offensive, and objectionable to such an extent that it is likely to have an adverse effect on the environment. The reason the tyres stored at your Morris Road property are likely to be noxious, dangerous, offensive, and objectionable is because it is likely that there will be a tyre fire and if there is a tyre fire, it is likely that the fire will have an adverse effect on the environment.
(a) There is likely to be a tyre fire because:
(i) there have been a number of incidents of attempted arson and arson reported at your Morris Road property and at properties within five kilometres of your Morris Road property since September 2002
(ii) the area in which the tyres are stored has not been fenced and can be accessed from Morris Road, State Highway 1 and also from Pepper Road
(iii) the Chief Fire Officer of the Smalltown Fire District has inspected the tyres stored at your Morris Road property and has prepared a written report on the likelihood of a tyre fire at your Morris Road property. The view of the Chief Fire Officer is that no precautions have been taken to avoid a fire and the manner in which the tyres have been stored is such that the risk of fire is likely. A copy of the Chief Fire Officer's report is attached to this abatement notice.
(b) If there is a tyre fire at your Morris Road property it is likely that the fire will have an adverse effect on the environment because:
(i) the smoke from the tyre fire is likely to be noxious, dangerous, offensive, and objectionable
(ii) the view of the Chief Fire Officer as recorded in his report is that the smoke from a tyre fire at your Morris Road property is likely to adversely affect those within a radius of at least one kilometre of the tyre stockpile. There is a primary school and 10 residences within one kilometre of the tyre stockpile
(iii) the view of the Chief Fire Officer as recorded in his report is that the number of tyres stored and the manner in which the tyres have been stored and the lack of a water supply at the site is such that if there was a tyre fire, the fire would be difficult to extinguish and is likely to burn for a number of weeks.
If you do not comply with this notice, you may be prosecuted under section 338 of the Resource Management Act 1991 (unless you appeal and the notice is stayed as explained below).
You have the right to appeal to the Environment Court against the whole or any part of this notice. If you wish to appeal, you must lodge a notice of appeal in form 49 with the Environment Court within 15 working days of being served with this notice.
Lodging an appeal will automatically stay this notice as long as you are complying with the Resource Management Act 1991, any regulations made under that Act, a rule in a plan, or a resource consent.
You also have the right to apply in writing to the XXX District Council to change or cancel this notice in accordance with section 325A of the Resource Management Act 1991.
The XXX District Council authorised the enforcement officer who issued this notice. The XXX District Council address is: XXX.
The enforcement officer is acting under the following authorisation: A warrant of authority issued by the XXX District Council, pursuant to section 38 of the Resource Management Act 1991, authorising the officer to carry out all of the functions and powers as an enforcement officer under the Resource Management Act 1991.
Signature of enforcement officer
3 May 2004
