Section 325A — Resource Management Act 1991: Cancellation of abatement notice

325A Cancellation of abatement notice (1) For the purposes of this section, relevant authority means the local authority or Minister of Conservation which or who authorised, under section 38 , the enforcement officer who issued the abatement notice. (2) Where a relevant authority considers that an abatement notice is no longer required, the relevant authority may cancel the abatement notice at any time. (3) The relevant authority shall give written notice of its decision under subsection (2) to cancel an abatement notice to any person subject to that abatement notice. (4) Any person who is directly affected by an abatement notice may apply in writing to the relevant authority to change or cancel the abatement notice. (5) The relevant authority shall, as soon as practicable, consider the application having regard to the purpose for which the abatement notice was given, the effect of a change or cancellation on that purpose, and any other matter the relevant authority thinks fit; and the relevant authority may confirm, change, or cancel the abatement notice. (6) The relevant authority shall give written notice of its decision to the person who applied under subsection (4) . (7) Where the relevant authority, after considering an application made under subsection (4) by a person who is directly affected by an abatement notice, confirms that abatement notice or changes it in a way other than that sought by that person, that person may appeal to the Environment Court in accordance with section 325(2) against the whole or any part of the abatement notice. Section 325A was inserted, as from 7 July 1993, by section 148 Resource Management Amendment Act 1993 (1993 No 65). The words “ Environment Court ” in subsection (7) 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 (7) was amended, as from 10 August 2005, by section 118 Resource Management Amendment Act 2005 (2005 No 87) by omitting the words “ ; but nothing in section 325(3) shall apply in relation to a notice of appeal lodged under section 325(2) (as applied by this subsection) ” . See sections 131 to 135 of that Act as to the transitional provisions.