Enforcement

Environmental incidents can amount to serious criminal offences under the RMA. A conviction can attract imprisonment for up to two years and fines of up to $200,000.

Why enforce?

Under the Resource Management Act 1991 (the RMA), Greater Wellington Regional Council is required to monitor, respond to incident notifications and when necessary, take enforcement action.

Under Section 35 of the RMA the Council is required to gather information, monitor the operation of the RMA in their region, review the results of monitoring and take remedial action where appropriate. 

In keeping with the seriousness of the penalties outlined in the RMA, Pollution Control has adopted appropriate protocols and procedures for enforcement and investigation. These standards and procedures are updated to when the need arises to reflect any internal or external procedural changes or any amendments to the Act or Regulations. They are formally reviewed every year to meet the requirements of the Quality Management System. A lawyer reviews the available evidence and provides advice when criminal proceedings are required.

 Penalties under the Act

Every person who commits an offence against section 338(1) or 1(A) or 1(B) (generally related to land, subdivision, the coastal marine area, river, lakes, water and discharges of contaminants etc) is liable on conviction to imprisonment for a term not exceeding two years or a fine not exceeding $200,000, and, if the offence in a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues (for further information refer to section 339 of the RMA 1991).

Find out what actions can be taken against you.

Enforcement Tools

Environmental Protection officers will generally need to investigate an incident before deciding on appropriate enforcement action. We can then choose a number of tools to protect the environment. These range from advisory notices to prosecution. 

Depending on the extent and impact of the incident, and the history of the offender, we are able to determine the best possible enforcement action to deal with non-compliance. Non-compliance means an activity or works is illegal under the Resource Management Act, National Environmental Standards and/or Regional Plans.

Be sure to check what rules apply to you through our search engine for regional rules and regulations.

Our principles

1. Our enforcement action is consistent for similar activities and circumstances;
2. Our enforcement reflects the letter and intent of the Resource Management Act 1991;
3. Our enforcement is fair and reasonable – We give everyone a fair go and no one gets a free ride;
4. Our enforcement process has no surprises, i.e., we keep people informed and forewarned where possible;
5. We use informal enforcement mechanisms, such as, education, consultation and negotiation where appropriate; and
6. Our choice of enforcement action takes into account the individual circumstances of each case.