Enforcement Mechanisms
The diagram below sets out the enforcement mechanisms a council can use where the criteria in section 17(3) can be established.
The duty in section 17 can only be enforced by two of the enforcement mechanisms in the RMA: an enforcement order or an abatement notice. However, other mechanisms can be used for follow-up action in the event of non-compliance with an enforcement order or an abatement notice:
- An infringement notice can be issued for breach of an abatement notice.
- A council can prosecute for contravention of an enforcement order and an interim enforcement order.
- A council can prosecute for contravention of an abatement notice.
- If a person against whom an enforcement order is made fails to comply with the order, the council may apply to the Environment Court under section 315 to comply with the order on behalf of the person who failed to comply.
