Enforcement Tools

Environmental incidents can amount to serious criminal offences under the RMA. A conviction can attract imprisonment for up to two years and fines of up to $200,000.

In keeping with the seriousness of the penalities, the Enforcement Unit has adopted appropriate standards for its investigations. Procedures are documented in flowcharts and manuals. Investigative practices (such as collecting evidence, record keeping, file management, chain of custody over samples and evidence, cautioning subjects before interviews) are carried out to Police standards. Before a final decision on formal enforcement action is made, an Environment Canterbury solicitor reviews the available evidence and advises whether or not there is a prima facie case.

What penalties can be taken against me?

The Enforcement Unit has a range of options available to it under the RMA:
verbal warning;

notice of alleged offence;
letter of formal warning and cost recovery;
requesting application for a retrospective resource consent;
issuing an abatement notice;
issuing an infringement notice;
applying to the Environment Court for an enforcement order; and/or
prosecution.

But we make an assessment first...

Formal enforcement decisions are made after assessing the facts of each case under three criteria:

the culpability of the alleged offender
the degree of the adverse effect on the environment, and
the significance of the incident to the community.

More Information about Infringements:

Infringement notices are suitable for responding quickly to relatively minor offences that do not warrant prosecution.

When an alleged offence is classified as an infringement, it requires the payment of a fine but without the record of a conviction. The fines, which are set by regulation, range from $300 to $1000. A panel consisting of the Regional Enforcement Officer, the RMA Compliance and Enforcement Manager and an Environment Canterbury Solicitor, review recommendations from enforcement officers.

More Information about Abatement Notices

In addition to advocacy initiatives and enforcement responses, Environment Canterbury also uses abatement notices in specific situations. Abatement notices can be issued under section 17 of the RMA as it imposes a general but not specifically enforceable duty to mitigate adverse effects. Infringement notices and fines can be issued for failure to comply with an abatement notice.

Abatement notices can also be used in any situation where an Enforcement Officer has reasonable grounds to believe there are adverse effects or a contravention of the RMA, and a specific action should be taken to avoid or mitigate those effects.