little as two or three days, depending on the availability of evidence (by affidavit) and an Environment Judge. Excessive An enforcement officer (or Directive Sections The excessive noise noise constable) may issue an excessive direction does not direction noise direction after investigating a carry a penalty, but noise incident and forming an breach of an excessive opinion the noise is excessive. An noise order is a excessive noise direction directs the prosecutable offence occupier of the place from which under 338(2)(a). the sound is being emitted, or any other person who appears to be responsible for causing the excessive noise, to immediately reduce the noise to a reasonable level. Prosecution A prosecution establishes the guilt Punitive Section 338. Depending on which or innocence of an accused party and/or Many section of the RMA is and, if necessary, results in a directive. sections are also breached, there are sanction imposed by the Courts. relevant varying levels of –see Prosecutions. maximum fine This process is administered within available to be the criminal jurisdiction, and imposed by the District offences carry criminal penalties. Court on conviction. RMA prosecutions are considered in the District Court by District The maximum penalty Court judges who also hold office as available for RMA an environment judge. offences is a $300,000 fine for individuals or Charges must be filed in the District two years’ Court within six months of “the imprisonment, and time when the contravention giving $600,000 for rise to the document first becomes organisations. See known, or should have become Penalties for further known.” information. Non-statutory responses to non-compliance Verbal or written direction Verbal or written directions are usually reserved for cooperating parties and where there is a likelihood that the breach will not continue. This is a quick, simple and effective way of achieving compliance by parties that are likely to cooperate. Both verbal and written directions can be given while on site (eg, through a standard form that an enforcement officer fills out), or following the site visit (eg, by phone call, email or post). This is used as an intervention tool, and doesn’t exclude the use of formal tools. For example, a written direction may be issued while on site, but the enforcement officer also issues an abatement notice following the visit. Directions are not legally enforceable.
little as two or three days, depending on the availability of evidence (by affidavit) and an Environment Judge. Excessive noise direction An enforcement officer (or constable) may issue an excessive noise direction after investigating a noise incident and forming an opinion the noise is excessive. An excessive noise direction directs the occupier of the place from which the sound is being emitted, or any other person who appears to be responsible for causing the excessive noise, to immediately reduce the noise to a reasonable level. Directive Sections The excessive noise direction does not carry a penalty, but breach of an excessive noise order is a prosecutable offence under 338(2)(a). Prosecution A prosecution establishes the guilt or innocence of an accused party and, if necessary, results in a sanction imposed by the Courts. This process is administered within the criminal jurisdiction, and offences carry criminal penalties. RMA prosecutions are considered in the District Court by District Court judges who also hold office as an environment judge. Charges must be filed in the District Court within six months of “the time when the contravention giving rise to the document first becomes known, or should have become known.” Punitive and/or directive. Section 338. Many sections are also relevant –see Prosecutions. Depending on which section of the RMA is breached, there are varying levels of maximum fine available to be imposed by the District Court on conviction. The maximum penalty available for RMA offences is a $300,000 fine for individuals or two years’ imprisonment, and $600,000 for organisations. See Penalties for further information. Non-statutory responses to non-compliance Verbal or written direction Verbal or written directions are usually reserved for cooperating parties and where there is a likelihood that the breach will not continue. This is a quick, simple and effective way of achieving compliance by parties that are likely to cooperate. Both verbal and written directions can be given while on site (eg, through a standard form that an enforcement officer fills out), or following the site visit (eg, by phone call, email or post). This is used as an intervention tool, and doesn’t exclude the use of formal tools. For example, a written direction may be issued while on site, but the enforcement officer also issues an abatement notice following the visit. Directions are not legally enforceable.
best-practice-guidelines-cme-final.docx