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Enforcement

Enforcement options

The Resource Management Act 1991 (RMA, 1991) provides Environment Southland with powers to enforce the Act.  Where necessary we will take action to ensure that natural resources are not threatened and to mitigate environmental impacts.

Environment Southland has a range of options available to it under the Act. We are able to issue:

• verbal warnings
• notices of alleged offence;
• letters of formal warning;
• request applications for retrospective resource consent;
• abatement notices;
• infringement notices;

We are also able to apply to the Environment Court for an enforcement order; and/or prosecution.

Council policy requires that costs incurred during incident responses are recovered from those responsible as set out in the Annual Plan rather than from the general rates bill paid for by all ratepayers. However, costs may not be recovered in cases where an incident occurred beyond the reasonable control or where the offending is minor and a first offence.

Formal enforcement decisions are made after assessing the facts of each case using, but not limited to, the following criteria:

• the evidence (evidence test)
• the culpability of the alleged offender (public interest test)
• the degree of the adverse effect on the environment, and
• the significance of the incident to the community (public interest test)

In keeping with the seriousness of the penalties, Environment Southland has adopted appropriate standards for its investigations.  Manuals and procedures are documented to ISO standards and include process flowcharts.  Investigative practices (such as collecting evidence, record keeping, file management, chain of custody over samples and evidence, cautioning subjects before interviews) are carried out to Police standards. Before a final decision on formal enforcement action is made, Environment Southland’s Prosecution Sub Committee will review all available evidence and advises whether or not there is an apparent case.

Infringements

Infringement notices are suitable for responding quickly to relatively minor offences that do not warrant prosecution.

When an alleged offence is classified as an infringement, it requires the payment of a fine but without the record of a conviction. The fines, which are set by regulation, range from $300 to $1000.

Abatement notices

In addition to advocacy initiatives and enforcement responses, Environment Southland also uses abatement notices in specific situations. Abatement notices can be issued requiring a party to take action or to cease a specific activity. An abatement notice is a non-punitive document and if complied with it can result in no further enforcement action. Breaching an abatement notice is a serious offence and is likely to lead to further and more serious enforcement action such as infringement notices or prosecution.