Appendix 2C: Abatement Notice
Abatement Notice Under Section 322 of the Resource Management Act 1991
To: Joseph Smith, State Highway 1, Lemon Road, Punchville
- The XXX Regional Council gives notice that you must take
the following action:
You are required to remove all of the tyres that you have dumped in the Orangewood Stream at your Lemon Road property and take the tyres to a site that is authorised to accept the tyres. - The location to which this abatement notice applies is:
The property of 30 hectares owned by you at State Highway 1, Lemon Road, Punchville legally described as Lot 2 DPS 296, North Auckland Land Registration District (referred to in this notice as "your Lemon Road property"). - 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. - This notice imposes the following further conditions:
Three days prior to removing the tyres from your Lemon Road property, you are to give the Regional Council written notice of the site that you propose to take the tyres to. - This notice is issued under:
Section 322(1)(b)(i) of the Resource Management Act 1991. - The reasons for this notice are:
This abatement notice is issued under section 322(1)(b)(i) of the Resource Management Act 1991 to require you to remove the tyres that you have dumped in the Orangewood Stream as this is necessary to:
(a) ensure that you comply with section 15(1)(a) of the Resource Management Act 1991; and
(b) avoid any likely adverse effect on the environment.
You have contravened section 15(1)(a) of the Resource Management Act 1991, by discharging a contaminant, namely tyres into water, namely the Orangewood Stream, when the discharge is not expressly allowed by a rule in a regional plan and in any relevant proposed regional plan, a resource consent, or regulations.
Regional Council officers have collected samples downstream of the tyres that you have dumped in the Orangewood Stream. The Orangewood Stream is a tributary to the Passion River. The Regional Council has a report from a chemist on the analyses of the samples collected and this report confirms that there has been leachate from the tyres and this is likely to have an adverse effect on the trout and other fish in the Passion River.
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.
An appeal does not automatically stay the notice and so you must continue to comply with it unless you also apply for a stay from an Environment Judge under section 325(3A) of the Resource Management Act 1991 (see form 50). To obtain a stay, you must lodge both an appeal and an application for a stay with the Environment Court.
You also have the right to apply in writing to the XXX Regional Council to change or cancel this notice in accordance with section 325A of the Resource Management Act 1991.
The XXX Regional Council authorised the enforcement officer who issued this notice. The XXX Regional Council address is: XXX.
The enforcement officer is acting under the following authorisation: A warrant of authority issued by the XXX Regional 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
