Environmental fines
Everybody carrying out an activity has a duty under the Resource Management
Act 1991 to avoid unreasonable noise and to avoid, remedy or mitigate any
adverse environmental effect arising from the activity, whether or not it is
covered by a resource consent.
How to pay
You must pay the infringement fee within 28 days of the date the infringement
notice was issued. Payment options are:
- pay online - pay by credit
card
- post or deliver your payment. Refer to your infringement notice for
details.
When they are issued
An environmental infringement may be issued for the following reasons:
Breach of resource consent conditions
An environmental infringement may be issued to either the consent holder
(property owner) or the contractors carrying out the work. The consent holder is
liable for the actions of the contractors, and contractors are liable for
breaching conditions of consent. As such it is really important that all parties
working on a site should be aware of the resource consent conditions.
Resource consents, when granted, are subject to conditions. The conditions
reflect the district plan rules and policies and are in place to avoid adverse
effects that may arise during site works. Common conditions include control of
mud and sediment run-off from earthworks, construction restrictions, protection
of specific trees and planting of new trees.
Various actions may be taken by local authorities if the conditions of a
resource consent aren't being met. Depending on the circumstances, these include
issuing:
- an instant fine
- an abatement notice - this is essentially an official warning that the RMA
is being contravened, or
- an enforcement order - court-backed order demanding
compliance.
Severe breaches of the district plan or conditions of resource consent can
result in prosecution. The penalty imposed by the courts may include heavy fines
and/or imprisonment.
Breach of district plan rules
An environmental infringement may also be issued for a breach of a district
plan rule. Typical breaches may include
- mud on the road
- you are in breach of the district plan if you allow any silt or sediment
to enter the stormwater drains or channels from earthworks or bare land. No
mud should be tracked onto the public road.
- trees - you may not
cut, damage, alter, injure, destroy or partially destroy either scheduled
trees or those protected by general tree protection controls without resource
consent.
Breach of an abatement notice
An abatement notice is a notice served by an enforcement officer requiring a
person to take action, or to refrain from taking action, in order to comply with
the Resource Management Act or the terms and conditions of a resource consent.
A breach of an abatement notice is considered a serious matter, it may result
in either a heavy fine (or fines) or prosecution.
If you are concerned about any works you are planning to do, or regarding
some enforcement action that has been taken please contact
us.
Depositing litter
Infringement notices and fees can be issued under the provisions of sections
13 and 14 of the Litter Act 1979, for the following offences:
- depositing any litter or, having deposited any litter, leaving it in or
on a public place
- depositing any litter or, having deposited any litter, leaving it in or
on private land without the consent of its occupier.
For more, see Litter offences
Updated August 2007
