Section 316 — Resource Management Act 1991: Application for enforcement order

316 Application for enforcement order (1) Any person may at any time apply to the Environment Court in the prescribed form for an enforcement order of a kind specified in paragraphs (a) to (d) of section 314(1) , or in section 314(2) . (2) A local authority or consent authority may at any time apply to the Environment Court in the prescribed form for an enforcement order of the kind specified in paragraph (da) or paragraph (e) of section 314(1). (3) An application for an enforcement order under section 314(1)(f) may be lodged— (a) By a local authority (or the Minister of Conservation in regard to a regional coastal plan) at any time; or (b) By any other person, no later than 3 months after the date on which the policy statement or plan becomes operative. (4) Any person who applies for an enforcement order under any provision of this section may request that the enforcement order be made on any terms and conditions permitted by section 314(3) or section 314(4) . (5) No person (other than the consent authority or the Minister) may apply to the Environment Court for an enforcement order to enforce any condition of a resource consent or a rule in a plan or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the consent or rule relates. The words “ Environment Court ” in subsections (1), (2) and (5) 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). Subsection (2) was amended, as from 7 July 1993, by section 143 Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ paragraph (da) or ” .