What is an abatement notice and how do I deal with one?

An abatement notice is an enforcement tool under the Resource Management Act 1991. It can require you to stop, or not commence, an activity that contravenes the Act, a rule in a plan or a resource consent, or to take action to avoid, remedy or mitigate an adverse effect. It is a serious document, and failing to comply is an offence. You must comply unless you obtain a stay. You can apply to the Environment Court to change or cancel the notice, generally within 15 working days of receiving it, and you can ask the court for a stay while the appeal is pending. Before doing so, confirm the specifics with the council and consider getting a planner or lawyer to review whether your earthworks needed a consent or fitted a permitted activity rule.