Text description of figure:
The diagram shows the decision tree for issuing an abatement notice.
The first step is do determine if there are grounds to issue abatement notice [Opinion of Enforcement officer based on reasonable grounds s322(4).]
If there are grounds, issue an abatement notice. The notice can have the following results:
- The notice is appealed, and the appeal stays the abatement notice. Consider other enforcement action or if appeal filed because abatement notice was defective, issue a fresh notice and apply to Court for cancellation of existing notice. Do so promptly to reduce risk of costs being award against Council. The hearing is then held.
- The recipient fails to comply and applies for a change or cancellation of the abatement notice because the notice is not within the scope of s.322(1)(a)(ii) - recipient is not complying with Act, regulation, rule in plan or resource consent. (Note if notice under s.322(1)(c), refer to Noise for information about unreasonable noise.) If the notice should be changed, issue a written notice changing or cancelling the notice. If the notice should not be changed, issue a notice confirming the abatement notice.
- The recipient fails to comply. Check if the abatement notice is still required. If no, issue written notice cancelling the abatement notice s.235A(3). If yes, check the notice and its grounds. Determine if there are any defects.
- If there are no defects, prosecute the defendant for contravention of the abatement notice. [Lay back up charges for contravention of the Act other than contravention of the abatement notice.]
- If there are defects, issue a fresh abatement notice or use another enforcement mechanism. Issue a written notice cancelling the existing notice. If there is urgency, consider an application for an interim enforcement order.
- The recipient applies for a stay of the notice. The stay may be:
- Granted - check the abatement notice and its grounds. Are there any defects? If there are no defects, proceed to hearing of the appeal. If there are defects, consider applying for an interim enforcement order if there is urgency, or issue a fresh abatement notice or use another enforcement mechanism. Issue written notice cancelling existing notice.
- Refused.
