The preamble to the Natural and Built Environment Bill states that "the compliance, monitoring and enforcement aspects of the future system will be strengthened to drive better compliance and environmental outcomes". Part 11 of the NBEA has the potential to provide a more robust regulatory regime to protect the environment.
This presentation will examine the new CME provisions and make an assessment of whether or not this outcome is likely to be achieved.
The NBEA is due to be enacted in June this year. The presenters will introduce and explain the new provisions to the audience and then make an assessment of the likely impact of the new law on compliance and enforcement.
Topics will focus on:
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The new civil enforcement tools and their likely application
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The introduction of the prohibition of insurance to pay for fines
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The new power to revoke consents
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The ability to recover investigation costs
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The increase in maximum financial penalties
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The requirement for councils to have a CME strategy.
The presentation will also compare the sections of the RMA which relate to declarations, abatement notices, infringement notices and enforcement orders and compare those provisions with the new provisions in Part 11 of the NBEA. The presenters will focus on the key question: are there any changes that could affect CME practice going forward?
Antoinette and Karenza specialise in compliance, enforcement and monitoring and have many years of experience working under the RMA. Utilising this experience, the presenters will outline the reform of CME provisions, compare the new provisions with the old and make predictions for expected (and perhaps unexpected) consequences of this reform.
The objective of the above presentation is to enable attendees to:
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Familiarise themselves with the provisions
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Beware of the new provisions and appreciate the implications to their practice but also generally in terms of likely outcomes for CME.
WHEN
Friday 3 November
2:45pm
FULL PROGRAMME
Click here to download the full programme
Presenters
Antoinette Besier
Director, Tasman Law Ltd
Antoinette Besier practises in resource management and local government law and is based in Te Tauihu (Tasman, Marlborough and Nelson). She has considerable experience in environmental compliance based on her work representing local authorities on a range of prosecutions and enforcement order applications related to forestry operations, dairy farm effluent discharges, non-complying land use activities, breach of water take permits, unlawful activities in the coastal marine area and other pollution incidents. Antoinette has a BA, LLB (Hons) and a Master of Regional and Resource Planning. Before being admitted to the bar in 2005, Antoinette worked as a planner in local government and as a consultant. Antoinette also regularly acts as an independent hearing commissioner (chair accredited).
Karenza de Silva
Environmental Lawyer
Karenza is an Environmental Lawyer with 37 years’ experience. She specialises in enforcement under the RMA and other environmental legislation. Karenza acts for a number of local authorities. She has written reports on prosecutions under the RMA and other enforcement related topics for MfE. Karenza is on the editorial panel for Thomson Reuters Salmon RMA, consulting editor for Thomson Reuters Resource Management Tracker, and co-author of the chapter on “Compliance and Enforcement” in Salmon and Grinlinton (eds) Environmental Law in New Zealand, 2nd edition (2018). Karenza has an LLB & LLM (Envir)(Hons).