An important objective of environmental enforcement action is to make it unattractive for commercial offenders to take risks on economic grounds. However, in practice the enforcement remedies in the Resource Management Act 1991 are not always effective to achieving this objective. The Natural Built Environment Bill (NBE Bill) significantly enhances the suite of enforcement remedies available, and provides greater opportunities to local authorities to effectively deter commercially motivated offending. The new remedies include practical alternatives to litigation, civil enforcement tools, and additional orders. The session will explore what those new remedies are and how they can be deployed effectively in practice.
Learning outcomes:
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Understand the limitations of existing enforcement remedies in the RMA.
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Understand the basic features of new enforcement tools in the NBE Bill, including pecuniary penalties, adverse publicity orders, enforceable undertakings, and monetary benefit orders.
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Explore how to incorporate new enforcement tools into enforcement decision making.
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Discuss a case study of a commercial offender under the RMA, and how local authorities could respond differently to circumstances in the future.
WHEN
Thursday 2 November
3:15pm
FULL PROGRAMME
Click here to download the full programme
Presenters
David Collins
Senior Associate, Meredith Connell
David specialises in regulatory enforcement litigation and has acted for local authorities in numerous environmental prosecutions and civil enforcement proceedings. He appears regularly in relation to enforcement proceedings in the District Court, Environment Court, High Court and Court of Appeal. David was previously in house as the Principal Solicitor - Enforcement at Auckland Council Legal Services, where he was responsible for a large portfolio of enforcement litigation.
Brandon Watts
Senior Associate, Meredith Connell
Brandon has specialised in environmental and planning law since 2004, representing a wide range of clients in all manner of environmental and planning matters. At Meredith Connell Brandon has held the role of a crown prosecutor since 2014. Brandon has appeared in the District Court, Environment Court and High Court many times in relation to the full range of environmental enforcement proceedings. Brandon has worked closely alongside councils in a number of major investigations.