Resource consents: compliance and enforcement

December 08 2014

The Resource Management Act 1991 contains significant financial penalties (fines) and an ability to impose a term of imprisonment.

There’s strict liability for offences and action can be taken against companies for the acts of their employees or agents – including sharemilkers.

It’s important that all landowners, their staff and any sharemilkers have a thorough understanding of any resource consents associated with their rural business as penalties may be severe.

In response to inadequate effluent management, a recent enforcement decision¹ of the Environment Court saw the court issue an enforcement order which prohibited restocking of the farm for the current dairy season until an approved effluent management system was installed.

¹ Marlborough District Council v Awarua Farm Marlborough Limited (2014) NZEnvC89

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