Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 318 — Right to be heard
318 Right to be heard Except as provided in section 320 (which relates to interim enforcement orders), before deciding an application for an enforcement order, the Environment Court shall— (a) Hear…
Section 319 — 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 320 — Interim enforcement order
320 Interim enforcement order (1) Except as provided in this section, the provisions of sections 314 to 319 apply to the application for, and determination of, an interim enforcement order. (2) If an…
Section 321 — Change or cancellation of enforcement order
321 Change or cancellation of enforcement order (1) Without limiting section 320(5) , any person directly affected by an enforcement order may at any time apply to the Environment Court in the…
Section 322 — Scope of abatement notice
322 Scope of abatement notice (1) An abatement notice may be served on any person by an enforcement officer— (a) Requiring that person to cease, or prohibiting that person from commencing, anything…
Section 323 — Compliance with abatement notice
323 Compliance with abatement notice (1) Subject to the rights of appeal in section 325 , a person on whom an abatement notice is served shall— (a) Comply with the notice within the period specified…
Section 324 — Form and content of abatement notice
324 Form and content of abatement notice Every abatement notice shall be in the prescribed form and shall state— (a) The name of the person to whom it is addressed; and (b) The reasons for the…
Section 325 — Appeals
325 Appeals (1) Any person on whom an abatement notice is served may appeal to the Environment Court in accordance with subsection (2) against the whole or any part of the notice. (2) Notice of an…
Section 325A — 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…
Section 325B — Restrictions on certain applications for enforcement orders and abatement notices
325B Restrictions on certain applications for enforcement orders and abatement notices (1) No person may apply to the Environment Court for an enforcement order of a kind specified in any of…
Section 326 — Meaning of excessive noise
326 Meaning of excessive noise (1) In this Act, the term excessive noise means any noise that is under human control and of such a nature as to unreasonably interfere with the peace, comfort, and…
Section 327 — Issue and effect of excessive noise direction
327 Issue and effect of excessive noise direction (1) Any enforcement officer, or any constable acting upon the request of an enforcement officer, who— (a) Has received a complaint that excessive…
Section 328 — Compliance with an excessive noise direction
328 Compliance with an excessive noise direction (1) Every person who is given a direction under section 327 shall immediately comply with the direction. (2) Every person who knows or ought to know…
Section 329 — Water shortage direction
329 Water shortage direction (1) Where a regional council considers that at any time there is a serious temporary shortage of water in its region or any part of its region, the regional council may…
Section 330 — Emergency works and power to take preventive or remedial action
330 Emergency works and power to take preventive or remedial action (1) Where— (a) Any public work for which any person has financial responsibility; or (b) Any natural and physical resource or area…
Section 330A — Resource consents for emergency works
330A Resource consents for emergency works (1) Where an activity is undertaken under section 330 , the person (other than the occupier), authority, or network utility operator who or which undertook…
Section 330B — Emergency works under Civil Defence Emergency Management Act 2002
330B Emergency works under Civil Defence Emergency Management Act 2002 (1) If any activity is undertaken by any person exercising emergency powers during a state of emergency declared under the Civil…
Section 331 — Reimbursement or compensation for emergency works
331 Reimbursement or compensation for emergency works (1) Where the local authority or consent authority takes action under section 330(2) because of the default of any person, the authority may…
Section 332 — Power of entry for inspection
332 Power of entry for inspection (1) Any enforcement officer, specifically authorised in writing by any local authority or consent authority to do so, may at all reasonable times go on, into, under,…
Section 333 — Power of entry for survey
333 Power of entry for survey (1) For any purpose connected with the preparation, change, or review of a policy statement or plan, any enforcement officer specifically authorised in writing by any…
Section 334 — Application for warrant for entry for search
334 Application for warrant for entry for search (1) Any District Court Judge or any duly authorised Justice or any Community Magistrate or Registrar who, on an application in writing made on oath,…
Section 335 — Content and effect of warrant for entry for search
335 Content and effect of warrant for entry for search (1) Every warrant under section 334 shall be directed to and executed by— (a) Any specified constable; or (b) Any specified enforcement officer…
Section 336 — Return of property seized under sections 323 and 328
336 Return of property seized under sections 323 and 328 (1) Where any property is seized and impounded under section 323 or section 328 (which relate to failure to comply with an abatement notice to…
Section 337 — Return of property seized under warrant
337 Return of property seized under warrant (1) Where anything is seized under a warrant issued under section 334 , it shall be detained under the custody of a constable, except while it is being…
Section 338 — Offences against this Act
338 Offences against this Act (1) Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following: (a) Sections 9 , 11 , 12 , 13 , 14 , and 15…
Section 339 — Penalties
339 Penalties (1) Every person who commits an offence against section 338(1) or (1A) or (1B) is liable on conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding $200,000,…
Section 339A — Protection against imprisonment for dumping and discharge offences involving foreign ships
339A Protection against imprisonment for dumping and discharge offences involving foreign ships (1) No person shall be imprisoned for any offence of contravening or permitting a contravention of…
Section 339B — Additional penalty for certain offences for commercial gain
339B Additional penalty for certain offences for commercial gain (1) Where a person is convicted of an offence against section 338(1A) or (1B) , the Court may, in addition to any penalty which the…
Section 339C — Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent
339C Amount of fine or other monetary penalty recoverable by distress and sale of ship or from agent (1) Where— (a) The master or owner of a ship is convicted of an offence against section 338 in…
Section 340 — Liability of principal for acts of agents
340 Liability of principal for acts of agents (1) Where an offence is committed against this Act— (a) By any person acting as the agent (including any contractor) or employee of another person, that…
Section 341 — Strict liability and defences
341 Strict liability and defences (1) In any prosecution for an offence of contravening or permitting a contravention of any of sections 9 , 11 , 12 , 13 , 14 , and 15 , it is not necessary to prove…
Section 341A — Liability and defences for dumping and storage of waste or other matter
341A Liability and defences for dumping and storage of waste or other matter It is a defence to prosecution for an offence of contravening or permitting a contravention of section 15A if the…
Section 341B — Liability and defences for discharging harmful substances
341B Liability and defences for discharging harmful substances (1) In any prosecution for an offence against section 338(1B) (which relates to the discharge of harmful substances, contaminants, or…
Section 342 — Fines to be paid to local authority instituting prosecution
342 Fines to be paid to local authority instituting prosecution (1) Subject to subsection (2) , where a person is convicted of an offence under section 338 and the Court imposes a fine, the Court…
Section 343 — Discharges from ships
343 Discharges from ships [Repealed] Section 343 was repealed, as from 20 August 1998, by section 24 Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment…
Section 343A — Infringement offences
343A Infringement offences In sections 343B to 343D — Infringement fee , in relation to an infringement offence, means the amount fixed by regulations made under section 360(1)(bb) , as the…
Section 343B — Commission of infringement offence
343B Commission of infringement offence Where any person is alleged to have committed an infringement offence, that person may either— (a) Be proceeded against for the alleged offence under the…
Section 343C — Infringement notices
343C Infringement notices (1) Where an enforcement officer observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by…
Section 343D — Entitlement to infringement fees
343D Entitlement to infringement fees A local authority shall be entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued…
Section 344 — Interpretation
344 Interpretation [Repealed] Part 13 (sections 344 to 351) was repealed, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See Parts 11 to 16 of that…
Section 345 — Purpose and principles
345 Purpose and principles [Repealed] Part 13 (sections 344 to 351) was repealed, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See Parts 11 to 16…
Section 346 — Establishment of Commission
346 Establishment of Commission [Repealed] Part 13 (sections 344 to 351) was repealed, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See Parts 11…
Section 347 — Functions of Commission
347 Functions of Commission [Repealed] Part 13 (sections 344 to 351) was repealed, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See Parts 11 to 16…
Section 348 — Membership of Commission
348 Membership of Commission [Repealed] Part 13 (sections 344 to 351) was repealed, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See Parts 11 to…
Section 349 — Compliance with policy directions
349 Compliance with policy directions [Repealed] Part 13 (sections 344 to 351) was repealed, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See…
Section 350 — Further provisions applying in respect of Commission
350 Further provisions applying in respect of Commission [Repealed] Part 13 (sections 344 to 351) was repealed, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996…
Section 351 — Regulations
351 Regulations [Repealed] Part 13 (sections 344 to 351) was repealed, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See Parts 11 to 16 of that Act…
Section 352 — Service of documents
352 Service of documents (1) Where a notice or other document is to be served on a person for the purposes of this Act, it may be served— (a) By delivering it personally to the person (other than a…
Section 352A — Mode of service of summons on master or owner of ship
352A Mode of service of summons on master or owner of ship (1) If the master or owner of a ship is a defendant in a prosecution for an offence against section 338 for contravening sections 15A , 15B…
Section 353 — Notices and consents in relation to Maori land
353 Notices and consents in relation to Maori land Part 10 of the Maori Land Act 1993 shall apply to the service of notices under this Act on owners of Maori land, except that in no case shall the…