Section 319 — Resource Management Act 1991: Decision on application

319 Decision on application (1) After considering an application for an enforcement order, the Environment Court may— (a) Except as provided in subsection (2) , make any appropriate order under section 314 ; or (b) Refuse the application. (2) Except as provided in subsection (3) , the Environment Court must not make an enforcement order under section 314(1)(a)(ii) , (b)(ii) , (c) , (d)(iv) , or (da) against a person if— (a) that person is acting in accordance with— (i) a rule in a plan; or (ii) a resource consent; or (iii) a designation; and (b) the adverse effects in respect of which the order is sought were expressly recognised by the person who approved the plan, or granted the resource consent, or approved the designation, at the time of the approval or granting, as the case may be. (3) The Environment Court may make an enforcement order if— (a) the Court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval or granting, as the case may be; or (b) the person was acting in accordance with a resource consent that has been changed or cancelled under section 314(1)(e) . The words “ Environment Court ” in subsections (1) and (2) 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 144 Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “ (b)(ii), (c), (d)(iv), or (da) ” for the expression “ or (b)(ii) ” . Subsection (2) was substituted, as from 1 August 2003, by section 83 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (3) was inserted, as from 1 August 2003, by section 83 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.