By Imogen Trupinic – Senior Planner
Abatement Notice
An abatement notice is a legal document issued by a local council or government agency, to address a violation of law. Examples include environmental or building codes. It outlines what you’ll need to do to rectify the compliance issue. Failing to do so can lead to legal action.
Examples of infringements include:
- Unauthorised earthworks (e.g. excavations or fill exceeding the permitted volume in a rural area);
- Establishing a new activity on a site where the planning zone requires a resource consent for that activity (e.g. a church in a residential zone);
- Carrying out an activity which can harm the natural environment (e.g. an industrial business close to a stream);
- Building without following the site’s planning rules (e.g., building a garage in the front yard setback area).
- Undertaking works that don’t meet comply with the resource consent (e.g. failing to install sediment and erosion control measures for authorised earthworks); and
- Breaking a land covenant or consent notice requirement (e.g. a new house with no stormwater tank where the consent notice asks for a stormwater mitigation system must be provided).
Enforcement order
This is very similar to an abatement notice. The main difference is the warning is issued by the Environment Court to an individual or organisation which states the individual/organisation is undertaking works which can potentially cause environmental harm.
Notice to fix
A notice to fix is a warning issued by Council to an individual or organisation who has not complied with the relevant rules of the Building Act and a building consent is required. In most cases, Council issue abatement notices and notices to fix at the same time to ensure property owners comply with both the Resource Management Act and the Building Act.
Facing compliance issues? Get help and avoid fines
The Council may ask you to stop the activity and issue fines in relation to the notice. However, other options could be available and enable you to proceed with the works on the site. The most common course of action is securing a resource consent from Council, giving you the authorisation to carry out the project or works.
Other times, a small change is all that is required to comply with the rules. For example, your home business might be able to operate legally if you simply changed the hours of that business.
There are often more options than you probably realise – it simply depends on the situation. This is why it is important to seek professional advice from our team of planners. We’ll review your notice and let you know what options are available to you.
First steps
- It is important to act quickly so you meet the deadline on the notice to avoid fines or prosecution. Contacting the Council promptly can help resolve complex issues and potentially avoid penalties.
- If you received a notice for existing work, consult your builder/architect for details needed for Council (e.g., earthworks volume).
- When it seems that prosecution from Council is likely to happen, we’ll advise on whether it’s worthwhile seeking legal advice to discuss and appeal the notice.
Where can you start?
By reaching out to our planning team today, you’re taking the first step towards finding a solution.
We’ll get the ball rolling and work closely with you to ensure your project not only meet regulatory compliance but also proceeds smoothly. Don’t let a bureaucratic hiccup halt your progress – let us guide you through the process.
