Section 17 — Resource Management Act 1991: Duty to avoid, remedy, or mitigate adverse effects

17 Duty to avoid, remedy, or mitigate adverse effects (1) Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of that person, whether or not the activity is in accordance with a rule in a plan, a resource consent,a designation, section 10 , section 10A , or section 20A (2) The duty referred to in subsection (1) is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty. (3) Notwithstanding subsection (2) , an enforcement order or abatement notice may be made or served under Part 12 to— (a) Require a person to cease, or prohibit a person from commencing, anything that, in the opinion of the Environment Court or an enforcement officer, is or is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has or is likely to have an adverse effect on the environment; or (b) Require a person to do something that, in the opinion of the Environment Court or an enforcement officer, is necessary in order to avoid, remedy, or mitigate any actual or likely adverse effect on the environment caused by, or on behalf of, that person. (4) Subsection (3) is subject to section 319(2) (which specifies when an Environment Court shall not make an enforcement order). Subsection (1) was amended, as from 7 July 1993, by section 15(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ section 10, section 10A, or section 20 ” for the words “ section 10 (certain existing uses protected), or section 20 (certain existing lawful activities allowed) ” . Subsection (1) was amended, as from 1 August 2003, by section 7 Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ a designation, ” after the words “ resource consent, ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (1) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “ 20A ” for the expression “ 20 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (4) was inserted, as from 7 July 1993, by section 15(2) Resource Management Amendment Act 1993 (1993 No 65). The words “ Environment Court ” in subsections (3)(a) and (b), and (4) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).