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Help with Compliance Issues

Compliance Issues under the RMA

Under the RMA all persons have a duty to comply with any rules that apply to their land or must seek appropriate permits to use rivers, streams, the coastal area, or create discharges to air.


There are potentially heavy fines for people who do not comply with the rules or continue to breach rules once advised by the Council. In rare cases, the Council can also prosecute people for breaches of the RMA.


What is the Process?

While receiving a formal notice from the Council can be unsettling, in our experience the Council takes a collaborative approach of trying to assist people to comply with their RMA obligations. 


They are likely to provide information and seek that people who are not complying take steps to rectify the non-compliance or apply for the necessary approvals. 


If you have received a letter from Council informing you that you are breaching rules of the Unitary Plan the below is the recommended process:


  • Contact a planning expert, like Urban Planning Consultants, to provide you with advice.
  • Inform the Council that you have received their letter and the steps that you intend to take to comply and the date you are working to. 
  • The options include removing activities or structures that do not comply or applying for retrospective resource consent. The latter is in effect “approval after the fact”.
  • Agree the deadline with Council to either comply or apply for resource consent. Once a resource consent has been lodged, it is very unlikely that the Council will take further enforcement action until a decision is made on that application.


What are the Risks of Enforcement Action?

Where the Council is aware of non-compliance or ongoing compliance issues, they have two formal enforcement processes that they can undertake to escalate enforcement action.


Abatement Notices

Where the Council considers that the non-compliance is serious, or a person is not responding to requests to comply, they can issue an Abatement Notice. 


An Abatement Notice is an important legal document and will set out:


  • The activity or structures that are not complying with the RMA
  • The actions required by the Council with respect to the non-compliance. This could be to cease operations or to amend structures to comply.
  • The deadline by which compliance must be achieved.


It is important that an Abatement Notice is taken seriously. Failure to comply with the notice could result in infringement fees of $750 per day for every day that the offending continues. You are also liable to prosecution.


If you believe that the Abatement Notice has been issued to you in error, or otherwise needs to be modified, you can apply to stay the Abatement Notice or have it amended. If you wish to do this, you should contact a lawyer to assist with such an application.


Enforcement Orders

Enforcement Orders are similar to Abatement Notices but are an application by the Council to the Environment Court to make the order. In effect, it is the court ordering you to comply rather than the Council, and as such, these should be taken even more seriously than an Abatement Notice.


If you have been advised of an application for an Enforcement Order against you, it is imperative that you contact and engage legal representation.

Following a court hearing, if the court agrees, it will issue the Enforcement Order which like an Abatement Notice will set out the non-compliances and instruct the measures that need to be taken and by what deadline.


Conclusion

Not complying with RMA rules can come with significant penalties including prosecution and fines and receiving letters or advice of formal enforcement action against you by the Council can be unsettling.


However, in practice, the Council will seek to ensure compliance without resorting to escalated enforcement action. Such actions are kept for only the most serious offending, or where a person is simply not responding to requests to comply.


If you have received a letter or abatement notice, please get in contact with Urban Planning Consultants.


We can help you with discussions with the Council and advise on the best way to comply, whether that includes removing structures or applying for retrospective resource consents.

Compliance Issues: Frequently Asked Questions

Got a question? We’re here to help.

  • What are compliance issues under the RMA, and why is it important to address them?

     A compliance issue will arise when a person starts an activity or constructs a building that does not comply with any Auckland Unitary Plan rule and does not seek the required resource consent to allow that activity or building.  It is crucial to address these issues promptly to avoid potential fines, prosecution, or other enforcement actions.

  • How does the Council typically respond to instances of non-compliance with RMA rules in New Zealand?

    Often the Council will takes a collaborative approach, aiming to assist non-compliant individuals in rectifying their issues. They may provide information and work with non-compliant parties to help them become compliant.  If an applicant is not responsive, then the Council will start to escalate enforcement action.  This could include issuing $750 fines, issuing an abatement notice or applying to the Environment Court for an enforcement order.  All of these actions should be taken seriously as they can affect the credit rating of a business or

  • What are the options available to individuals or entities to address non-compliance with RMA rules in New Zealand?

     Options include removing non-compliant activities or structures or applying for retrospective resource consent. Retrospective consent is a way to seek approval for the activity or structure after the fact.  While a retrospective consent is with the Council for consideration any enforcement action will be paused.

  • What are the potential consequences of not complying with an Abatement Notice in New Zealand?

    It can result in daily infringement fees of $750, along with the risk of prosecution. It is crucial to take Abatement Notices seriously.  If you consider that the timeframe proposed in the Abatement Notice is unreasonable, you can apply to the Council to extend this deadline to a timeframe agreeable to both parties.

  • What are Enforcement Orders, and how do they differ from Abatement Notices in addressing non-compliance with RMA rules in New Zealand?

    They are similar to Abatement Notices but are issued by the Environment Court rather than the Council. They are court orders that mandate compliance. Enforcement Orders should be treated with even greater seriousness, and legal representation is highly recommended if one is issued against you.  Offences carry a penalty of up to 2 years imprisonment or a fine up to $300,000.

  • How does seeking advice from a planning expert, like Urban Planning Consultants, benefit individuals or entities dealing with compliance issues?

    Such experts can provide guidance on how to address compliance issues, help navigate the RMA regulations, and assist in preparing necessary documentation, ultimately increasing the chances of compliance.  We can also assist you in your dealings with the Council and ensure that escalated enforcement against is avoided.

  • Are there specific sectors or activities in New Zealand that are more prone to compliance issues under the RMA, and if so, what are they?

    While compliance issues can arise across various sectors, activities related to water use, coastal development, air quality, and land use may be more prone to RMA compliance challenges.  Business activities or proposals that do not require a Building Consent are more likely to result in compliance issues as people may not know they require a resource consent.

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