To avoid non-compliance, you need to be aware of any relevant City Plan rules, or resource consent conditions that relate to any activities on your property.
You should also brief any contractor carrying out works on your behalf and make sure that they have a good understanding of these requirements. This is so you can avoid liability for their actions.
Enforcement can be taken in cases of non-compliance with the Resource Management Act, a resource consent condition, or a City Plan rule.
There are a number of enforcement options available to Council. The decision about which option to use is based on:
- the nature and scale of the non-compliance
- effects generated
- perceived level of deterrence required
An infringement notice is a fine that can be issued for certain non compliances. These range from $300.00 to $1000.00. They can be issued to the property owner and/or the contractors carrying out the works.
An abatement notice is a warning to the recipient that they are not complying with the RMA (or City Plan).
Abatement notices can make requirements of the recipient to refrain from carrying out an activity or action, and/or to carry out set tasks to ensure compliance with the RMA or resource consent.
Failure to comply with the requirements of an abatement notice constitutes a breach of the notice. This is considered a serious matter and may result in an infringement notice (fine) being served or even a prosecution.
Prosecution is the most serious form of enforcement action to address non-compliance. The purpose of prosecution is to punish the offender and to deter potential dangerous activities.
The decision to prosecute will be made based on factors like the nature and scale of the non-compliance, the effects generated by it, and the perceived level of deterrence required.