48Civil enforcement proceedings

48 Civil enforcement proceedings

(1)  Where –

(a) a person has engaged, is engaging or is proposing to engage in conduct in contravention of this Act; or

(b) a person has refused or failed, is refusing or failing or is proposing to refuse or fail to take any action required by this Act; or

(c) a person has caused environmental harm by contravention of this Act, any other Act or the repealed Act –

the Director, a council or a person who has, in the opinion of the Appeal Tribunal, a proper interest in the subject matter may apply to the Appeal Tribunal for an order under this section.

(2)  The application may be made ex parte and, if the Appeal Tribunal is satisfied that there are sufficient grounds, it must issue a summons requiring the respondent to appear before the Appeal Tribunal to show cause why an order should not be made under this section.

(3)  If after hearing –

(a) the applicant and the respondent; and

(b) any other person who has, in the opinion of the Appeal Tribunal, a proper interest in the subject matter of the proceedings and desires to be heard in the proceedings –

the Appeal Tribunal may, if it considers it appropriate to do so, by order do any of the things specified in subsection (5) .

(4)  If the respondent fails to appear in response to the summons or, having appeared, does not avail himself or herself of an opportunity to be heard the Appeal Tribunal may, if it considers it appropriate to do so, by order do any of the things specified in subsection (5) .

(5)  The Appeal Tribunal may do all or any of the following:

(a) require the respondent to refrain, either temporarily or permanently, from the act or course of action that constitutes the contravention of, the potential contravention of, or the failure to comply with, this Act;

(b) preclude, for a period specified by the Appeal Tribunal, the respondent from carrying out any use or development in relation to the land in respect of which the contravention relates;