Resource consents come with conditions that help protect the environment and our community. Our Compliance and Monitoring team checks that these conditions are being met and that activities are carried out responsibly. We monitor consents to make sure:
- activities are being done as approved
- consent conditions are followed
- environmental effects are well managed
If consent conditions aren't met, we follow up with the consent holder and take action where needed.
Our team also answers questions about consent conditions and responds to concerns or complaints about activities that may not comply with the Tairāwhiti Resource Management Plan, the Resource Management Act or permitted activity rules.
What consents we monitor
We monitor a wide range of resource consents across the region, including:
- Air discharge consents – smoke, dust or fumes from industrial or commercial activities
- Land use consents with noise conditions - some activities like events, industrial sites, quarries have noise limits
- Forestry consents – harvesting, building tracks, sediment runoff and slash management
- Earthworks consents – digging, filling, tracking or shaping land where sediment might enter waterways
- Consents for activities on contaminated land - activities such as soil disturbance, remediation, removing material
- On‑site wastewater consents – septic tanks and other systems that discharge wastewater to land
- Water take consents – taking water from rivers, lakes, streams or groundwater
- Trade and industrial discharge consents – stormwater, wastewater or chemical discharges from workshops, factories and processing activities
- Sand, shingle and gravel extraction consents – removing material from rivers or coastal areas.
Compliance grading
Our compliance grading is based on the Ministry for the Environment's best practice guidelines
| Compliance grades | |
|---|---|
| 1 | Full compliance - with all relevant consent conditions, plan rules, regulations and national environmental standards. |
| 2 | Low risk non-compliance - compliance with most of the relevant consent conditions, plan rules, regulations and national environmental standards. Non-compliance carries a low risk of adverse environmental effects or is technical in nature (eg. failure to submit a monthly report). |
| 3 | Moderate non-compliance - non-compliance with some of the relevant consent conditions, plan rules, regulations and national environmental standards, where there are some environmental consequences and/or there is a moderate risk of adverse environmental effects. |
| 4 | Significant non-compliance - non-compliance with many of the relevant consent conditions, plan rules, regulations and national environmental standards, where there are significant environmental consequences and/or there is a high-risk of adverse environmental effects. |
| Non-compliance may result in enforcement action being taken | |
Compliance and enforcement tools
We use a range of tools to respond to non-compliant resource consents and activities that breach our plans or national regulations. The action we take depends on the level of risk, the seriousness of the issue and the impact on the environment and community. Actions we may use:
Compliance reports
Used mainly for resource consent monitoring. These reports outline any issues and explain what needs to be done to meet consent conditions. They can also be used for permitted activity checks or other types of monitoring or investigation audits.
Letters
Used for minor breaches or to give guidance about the rules and consent conditions that apply.
Formal warnings
Used when the risk to people or the environment is low. A formal warning explains what went wrong and what needs to improve, helping prevent the issue from happening again.
Infringement notices
Used when someone breaks a consent condition or a rule and a more formal response is needed. An infringement notice comes with a set fine that must be paid.
Abatement notices
A legally enforceable notice that can require someone to stop an activity, change what they’re doing, or fix any environmental damage.
Enforcement orders
Used for more serious or ongoing non‑compliance. The Environment Court can order someone to stop an activity, take specific actions, or pay costs to address environmental harm.
Prosecution
Used for the most serious cases. Prosecution involves taking the matter to the criminal courts. Penalties can include large fines and in some cases, imprisonment.
How we charge
We make every reasonable effort to ensure that the cost of non-compliance is paid by the person or company responsible - not by ratepayers. We charge actual and reasonable costs, as set out in our Fees and Charges.
Cost recovery
An external review of our Compliance, Monitoring and Enforcement (CME) work showed that we need to place a stronger focus on cost recovery. This means the costs of monitoring resource consents should be paid by the consent holder, not the wider community.
We use a risk-based approach to monitoring and enforcement. Activities that pose a higher risk of non-compliance, or have a higher potential to harm the environment, may be monitored more often - which can mean higher costs for the consent holder.
Use of prosecution fines
When the Court awards costs to Council following a prosecution, that money is used to help pay for the costs of taking the case. The cost of a prosecution can vary depending on the scale of the breach, how complex the case is and the defence put forward by the person or company being prosecuted.
Complaint about a potential breach
Complaints can be made to us by phone, email or our online form.
It helps to provide as many details as possible, including:
- your name and contact information
- the address or location of the alleged breach
- a description of what is happening
- why you believe it may be unauthorised
- any date-stamped photographs.
We make sure all valid complaints are recorded and investigated properly. When you contact us, you can expect that:
- Your personal details are kept as private as possible.
- In some cases we may need to share your name, but only when absolutely necessary to investigate the issue.
- Serious or high-risk issues are treated as a priority and are usually investigated within 24 hours.
- You will be updated about any action we take as soon as we reasonably can.
- We remain neutral. We don't take sides in a dispute - we make decisions based on the evidence, the situation, environmental impact and the rules we must follow.
If a breach, or potential breach of the RMA occurs, we need to gather information about what happened and why. The investigation process helps us understand the facts so we can make informed decisions.
The level of investigation will depend on how serious the incident is. Our investigation work may include:
- Visiting private property (not including dwellings) to gather information such as samples, photographs, measurements or ecological assessments.
- Speaking with people involved, including witnesses and potentially liable parties. These conversations may be recorded in writing or electronically.
- Conducting formal interviews under caution for serious matters, so the rights of those involved are understood.
When visiting private property, our staff must act lawfully and respect the rights of owners and occupiers.
Our compliance staff hold warrants of authority, which allows them to enter private property (excluding homes) to check compliance with environmental rules. This can be done without prior notice. However, if an officer has reasonable grounds to believe that an RMA breach has occurred, a warrant of authority may no longer provide lawful entry and informed consent or a search warrant is required.
The High Court has set clear guidance on when a warranted officer can rely on their authority and when additional legal steps are needed. For more information, see our Compliance Monitoring and Enforcement Policy.
Our policy and metrics
Our team focuses on the most important issues to achieve the best environmental or community outcomes. We target our regulatory intervention at illegal activities and poor performers that pose the greatest risk to the environment and community. We apply the right tool to the right problem at the right time, ensuring our interventions are proportionate, effective and fair.
Our policy on how we investigate and enforce compliance
Compliance monitoring and enforcement metrics report - view the latest performance data from regional and unitary councils, visit the Te Uru Kahika's website