Other central government agencies The responsibilities of councils under the RMA often interact with the roles of other agencies, including the: , for example, through managing drinking water, air quality, or sewage. The Ministry of Health has 20 district health boards across New Zealand, responsible for providing or funding health services in their areas. The Ministry also has public health units throughout New Zealand that focus on environmental health, among other functions. Councils may need to work with the public health units on pollution incidents. , for example, in managing hazardous substances the ) , for example, through its role in regulating forestry, agriculture, fisheries and biosecurity , for example, through its role in regulating building and construction, energy, Crown minerals, and infrastructure , for example, through its role in collecting from prosecutions. Role of the Courts The Courts play an important role in CME. They have significant powers to punish offenders, deter future offenders, and direct remediation of damage. District The District Court hears prosecutions under the RMA in the first instance. The High Court hears appeals from the District Court. For RMA prosecutions, District Court judges must also hold office as an Environment Court judge. For more information on the District Court and judges, see the . Environment Court The Environment is responsible for hearing applications for enforcement orders, among other RMA responsibilities (see Enforcement orders). The Environment Court is made up of Environment judges and commissioners. Commissioners have knowledge and experience in areas such as local government, resource management, environmental science, and the Treaty of Waitangi. The Environment Court usually sits with at least one Environment judge and one or more Environment commissioners. The has further information about the Environment Court, judges and commissioners. Managing multiple roles Regulatory functions Regional, district and unitary councils all out a wide range of other regulatory functions. For smaller councils, often only one team or one staff member carries out a range of regulatory functions under a variety of legislation. It can be difficult for one team or staff member to effectively carry out their RMA compliance, monitoring and enforcement responsibilities as well as their responsibilities under the RMA (eg, consenting and and other legislation.
Figure 5: Enforcement Policy (Tasman District Council) To develop an effective enforcement process in council, staff should evaluate all enforcement action undertaken by officers for effectiveness in achieving the desired outcome. In both successful and unsuccessful actions where further enforcement action was required it is useful to examine what was effective or not, and what could have been improved or changed to make the process more effective. This information should be fed back to the Regulatory Manager and Environmental Information Manager to implement change if necessary. The following diagram presents an overview of the enforcement selection process that should occur in deciding an appropriate response to detected offending. Part 8 – Enforcement tools Overview of enforcement tools under the RMA Part 7 – Enforcement decisions gives councils guidance on making a decision in response to non-compliance, this section describes how each tool works and what they achieve. A of formal enforcement tools is available to councils to respond to non-compliance. The Resource Management Act provides enforcement tools that are both punitive (infringement notice, prosecution) and directive (abatement notice, enforcement order). Formal written warnings and letters of direction are non-statutory options available to councils to admonish offenders and direct restorative action. The of enforcement options allows councils to tailor their response to the nature and severity of offending. A full description of the enforcement tools in the RMA is provided in table 3. 3: Summary of non-statutory and statutory enforcement tools for responding to RMA noncompliance Enforcement actions Description Directive or punitive? Relevant section(s) of the RMA Maximum penalty available Verbal or written direction Advice (either verbal or written) that a breach of the RMA has occurred (or may and that the offending party needs to take or cease a particular action. Punitive and/or directive Non-statutory tool None Formal warning letter A formal warning letter informs a person/company that they have breached the RMA. The letter forms part of the formal history of which can be used to inform future enforcement decisions, and can also be used as evidence in Court, if a prosecution is later taken. A formal warning can have a range of uses, and councils can tailor the Punitive and/or directive Non-statutory tool None
little as two or three days, depending on the availability of evidence (by affidavit) and an Environment Judge. Excessive noise direction An enforcement officer (or constable) may issue an excessive noise direction after investigating a noise incident and forming an opinion the noise is excessive. An excessive noise direction directs the occupier of the place from which the sound is being emitted, or any other person who appears to be responsible for causing the excessive noise, to immediately reduce the noise to a reasonable level. Directive Sections The excessive noise direction does not carry a penalty, but breach of an excessive noise order is a prosecutable offence under 338(2)(a). Prosecution A prosecution establishes the guilt or innocence of an accused party and, if necessary, results in a sanction imposed by the Courts. This process is administered within the criminal jurisdiction, and offences carry criminal penalties. RMA prosecutions are considered in the District Court by District Court judges who also hold office as an environment judge. Charges must be filed in the District Court within six months of “the time when the contravention giving rise to the document first becomes known, or should have become known.” Punitive and/or directive. Section 338. Many sections are also relevant –see Prosecutions. Depending on which section of the RMA is breached, there are varying levels of maximum fine available to be imposed by the District Court on conviction. The maximum penalty available for RMA offences is a $300,000 fine for individuals or two years’ imprisonment, and $600,000 for organisations. See Penalties for further information. Non-statutory responses to non-compliance Verbal or written direction Verbal or written directions are usually reserved for cooperating parties and where there is a likelihood that the breach will not continue. This is a quick, simple and effective way of achieving compliance by parties that are likely to cooperate. Both verbal and written directions can be given while on site (eg, through a standard form that an enforcement officer fills out), or following the site visit (eg, by phone call, email or post). This is used as an intervention tool, and doesn’t exclude the use of formal tools. For example, a written direction may be issued while on site, but the enforcement officer also issues an abatement notice following the visit. Directions are not legally enforceable.