Resource Management Act reforms double penalties for environmental breaches

A historical photo of fly-tipping on Ingram Rd. Fines and infringement fees for pollution have had a significant increase under new legislation. Photo / Gisborne Herald

People who pollute the environment will find their actions more expensive under recent changes to the Resource Management Act.

The Resource Management (Infringement Offences) Regulations 1999 legislation was amended last month, for the first time since 1999.

One of the changes meant fees for infringement offences committed by individuals and companies had increased, effective this month.

Gisborne District Council director of internal partnerships and protection James Baty said fines issued under this legislation had jumped significantly.

Fines for serious breaches can now be up to $1 million for individuals and $10m for companies.

“These new rules allow us to hold polluters to account and gives us more power against those who habitually reoffend,” Baty said.

“Infringement fees for lower-level offending have more than doubled, now ranging from $600 to $4000, depending on the offence and whether it’s an individual or a company.

“For example, open burning of rubbish on any rural or urban property could now cost an individual $600 or a company $1200.”

A council spokeswoman said the number of such infringements fluctuated from year to year, but there were 18 such infringements issued in the Gisborne District for the 2023-2024 year.

Other key changes include:

• A history of non-compliance can now be considered by the council in processing a resource consent application. 
• Serious breaches of a consent may trigger a review of consent conditions, or in extreme cases, lead to it being suspended or revoked by the Environment Court.
• Insurance will no longer be able to cover fines