Our compliance team help our community and resource users comply with our rules and regulations. We achieve this through monitoring, education, advice, investigations, and enforcement. Our aim is to promote behaviour change and encourage consent holders and the wider community to take ownership of resource management issues. To achieve a coordinated approach, our Compliance team uses a range of tools  and works closely with a range of teams across ORC to provide great outcomes for our Otago environment and community.

ORC is responsible for monitoring compliance with resource consent conditions and permitted activities, like dairy and forestry, in accordance with our plans and national regulations. Our Compliance Monitoring and Regulatory Data and Systems teams receive and analyse monitoring data, conduct aerial monitoring, and undertake site visits. 

ORC monitors compliance with resource consents to determine compliance with conditions of consent and regional rules, the effectiveness of consent conditions and the impact of consented activities on the environment and Otago community. The type and frequency of compliance monitoring will vary. We prioritise monitoring based on risk. Higher risk activities can expect more frequent compliance monitoring than those with a lower risk.

Unless there is a targeted rate for the activity, the actual and reasonable costs for monitoring a resource consent is recoverable from consent holders.

Please contact ORC’s Compliance team if you required further clarification on your obligations as a consent holder: compliance@orc.govt.nz

ORC’s compliance audit grading is based on the Ministry for Environment ‘Best Practice Guidelines for Compliance, Monitoring and Enforcement under the Resource Management Act 1991’. 

Non-compliance may result in enforcement action being taken in accordance with ORC’s RMA Compliance and Enforcement Policy.  

Of the 3,153 consents monitored in 2022-23, most consents were compliant or had only minor or technical non-compliance recorded. In total just under 5.5% of consents audited recorded a significant non-compliance grade. Of the 3,153 consents monitored, 1,009 had site inspections.  

ORC may check on permitted activities to monitor compliance with regional plan rules, and to assess the effectiveness of our plan provisions. These rules allow specific activities to be undertaken as of right, however they are subject to compliance with conditions.  

Of the 327 permitted activities monitored in 2022-23, 293 dairy inspections and 37 forestry inspections were carried out. Only 3% of dairy farm inspections and no forestry inspections were significantly non-compliant.  

Our Investigations and Compliance teams have a key role in responding to incidents and reports of unlawful activities that impact our environment. We responded to 1,203 incidents in 2022-23 and took appropriate action where it was needed. In 2022-23, seven warnings, 77 infringements, 57 abatement notices were issued with one enforcement order and seven prosecutions. 

There is no ‘one size fits all’ approach to addressing non-compliance. ORC’s approach and use of regulatory tools depends on the issue, context and seriousness of the breach as illustrated below: 

Our Investigation and Compliance teams respond to reports of environmental non-compliance and pollution incidents. These reports can be received through our 24-hour pollution hotline, website and email messages, or from staff. 

Environmental incidents are prioritised based on the level of risk and immediacy of effects. Incidents that pose a high risk to the environment or people and have significant potential effects are given priority. For such incidents, our team responds immediately where possible, and always within 24 hours of the incident being reported. For incidents that are a lower priority, the timing of the response is dependent on the level of risk. Regardless of the priority level, all incidents are responded to and reported. 

We use a range of compliance and enforcement tools to respond to non-compliant resource consents and incidents that breach our plans or national regulations: 

Letters - Used where a minor breach has been reported and/or to educate on the relevant consent conditions, rules and regulations that apply. 

Formal warnings - Used when the risk to the environment or people from a breach is low and to work proactively to improve compliance to avoid repeat incidents. 

Infringement notice - Used when non-compliance with a consent condition or with rules requires a more formal approach and where a fee is required to be paid. 

Abatement notices - Used when non-compliance with consent conditions or rules require works to cease and/or where remediation is required. 

Enforcement orders - Used for higher level offending, made by the Environment Court, and requires activities to cease, actions to be taken and/or costs to be paid. 

Prosecution - For higher level offending, establishes the guilt or innocence of an accused party, and can include fines and/or imprisonment. 

This policy sets out the approach and principles by which the ORC promotes and enforces compliance with the Resource Management Act 1991 (RMA) and provides an outline of how RMA compliance and enforcement is managed. This policy is intended to ensure a consistent and integrated approach to compliance and enforcement by ORC. 

The policy is aimed at ensuring a consistent approach by ORC to the use of warnings in appropriate circumstances, and when addressing conduct that may be an offence. Any response taken will follow due process and public interest considerations, while at the same time not overburdening the Courts with matters that can be effectively resolved through other enforcement routes.