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A large part of the Environment Southland compliance team's work focuses on monitoring resource consent conditions and permitted activities. In a regional plan, there are three major types of activities:

• Activities that do not require a consent, but have conditions that must be met (permitted)
• Activities that do require a resource consent (there are differing consent levels)
• Activities that cannot be undertaken (prohibited)

Our compliance team monitor a range of activities that fall into each of these categories. When a breach is confirmed, which can be identified during our regular monitoring programme, from a self-reported incident, or a publicly reported incident, Environment Southland has a statutory obligation to deal with it under the Resource Management Act 1991.

Click here to learn more about our compliance work

The 4Es model — Engage, Educate, Enable and Enforce — is set out in the Regional Sector Strategic Compliance Framework. It provides a practical approach for working with monitored parties, stakeholders and the community. The four steps are connected and may be used together, depending on the situation and the parts of the organisation involved.

Engage – Work with monitored parties, stakeholders and the community on matters that may affect them. Good relationships and open communication help build understanding, identify challenges and create opportunities to work together.

Educate – Help monitored parties understand what they need to do to meet consent conditions and other regulatory requirements. Education also helps the community and stakeholders understand the rules, and what is and is not compliant.

Enable – Support monitored parties by connecting them with industry advice, best-practice examples and information about regulatory requirements.

Enforce – Use enforcement tools when breaches or non-compliance are identified. Any response should be proportionate to the circumstances of the breach and the level of responsibility involved.

The Resource Management Act provides several tools to address non-compliance. These can be categorised into two outcomes: Directive Actions and Punitive Actions.

Directive Actions

Directive actions are used to stop, prevent or fix non-compliance. They focus on quickly putting the right actions in place, reducing environmental harm, and helping people or companies return to compliance.

Letter of direction: Used for minor to moderate issues where the party is cooperative. It sets out actions and timeframes to prevent, remedy or reduce non-compliance, but is not legally enforceable.

Abatement notice: A formal, legally enforceable direction issued by a warranted officer requiring a person or company to stop, avoid or take action to address non-compliance.

Enforcement order: A legally enforceable court order that can require actions beyond an abatement notice. It may be sought on its own or as part of sentencing, with reasonable costs recovered where appropriate.

Punitive Actions

Punitive actions are used when a breach warrants a formal consequence. They help hold people or companies accountable, deter further non-compliance, and form part of a person or company’s compliance history.

Formal warning: A written warning for a minor to moderate breach. No further action is taken, but it becomes part of the person or company’s compliance history.

Infringement notice: A fine issued for an RMA offence. Fines vary in range and may be appealed. Unpaid fines are referred to the Ministry of Justice.

Prosecution: A criminal court process for serious breaches. In some cases, alternative action such as diversion or restorative justice may be considered.

Alternative action: Alternative action such as diversion or restorative justice may be considered in some circumstances.

Investigation

When an investigation is underway, we have many rules and processes to follow. We need to collect evidence, statements and expert advice and build a case just as the Police or other agencies would. We can’t release information as we do this, as it could jeopardise the integrity of any investigation and may not then result in the appropriate outcome.

Enforcement

Enforcement decisions are made carefully and only after the relevant information has been assessed. More complex or serious matters may require further review, including legal advice, before a final decision is made.

Court proceedings

When a matter is before the court, there are limits on what Environment Southland can comment on publicly to protect the integrity of the legal process.

For example, we may not be able to comment on evidence, potential outcomes, or matters that the court still needs to consider.

To report environmental incidents in the Murihiku Southland region, like harmful pollution in our waterways or offensive odours, our hotline is available 24/7 – call us on 0800 76 88 45. Click here for more information.