What to Do If You Receive an Abatement Notice from Auckland Council — A Practical Guide
- Rose Taylor
- 1 day ago
- 4 min read
Understanding an Abatement Notice
Receiving an abatement notice can be stressful, especially if you are unfamiliar with the process. Many homeowners, builders and developers are unsure what the notice means, what they are required to do, and how quickly they must act.
An abatement notice is a legally enforceable direction issued under the Resource Management Act (RMA). It requires you to either:
Cease an activity that is breaching the law or a consent condition, or
Take action to fix or prevent an adverse environmental effect.
An abatement notice is not a fine, but it is legally binding. Ignoring it can lead to significant penalties.
Common Reasons Auckland Council Issues Abatement Notices
Council typically issues abatement notices when works breach the Auckland Unitary Plan, RMA requirements, or resource/building consent conditions. The most common civil construction-related reasons include:
Unconsented Earthworks
Examples include:
Earthworks exceeding permitted volumes
Earthworks completed without resource consent
Earthworks near streams or wetlands
Failing to follow GD05 erosion and sediment control requirements
Sediment Runoff or Water Pollution
One of the most common triggers. This includes:
Sediment escaping onto roads
Runoff entering stormwater drains
Mud or silt discharging into waterways
Dirty water affecting neighbouring properties
Retaining Walls Completed Without Consent
This can occur when:
Walls exceed 1.5m
Terraced walls exceed 1.5m total combined height
The wall supports surcharge (driveways, buildings, sloping ground)
Walls impact neighbouring land stability
Unapproved Driveway or Vehicle Crossing Works
Breaches include:
Modifying kerbs or footpaths without permission
Constructing accessways without approval
Changing stormwater flow paths
Drainage and Stormwater Non-Compliance
Examples:
Connecting to Council stormwater without consent
Installing subsoil drains incorrectly
Redirecting overland flow paths
Works affecting flood-prone areas
Vegetation Removal or Stream Works
Particularly in:
SEA overlays
Coastal areas
Stream margins
Sloped or unstable land
What To Do Immediately After Receiving an Abatement Notice
Step 1 — Stay calm
The vast majority of abatement notices can be resolved quickly when the cause is identified and appropriate steps are taken.
Step 2 — Read the notice carefully
It will specify:
The rule or requirement that has been breached
The action required
Whether work must stop immediately
The timeframe for compliance
Step 3 — Cease the activity if instructed
If the notice states you must stop work immediately, you must comply. Continuing the activity can escalate the issue.
Step 4 — Document the site
Take photos and notes. This helps when engaging contractors or engineers and provides evidence of current conditions.
Step 5 — Engage appropriate professionals
Depending on the issue, you may need:
A civil contractor
A geotechnical engineer
A civil engineer
A planner
An ecologist or arborist
Early involvement prevents delays and incorrect remediation.
Step 6 — Install temporary controls
For environmental breaches, you may need immediate sediment and silt control measures such as:
Silt fencing
Super silt socks
Water diversion channels
Geotextile coverings
Site stabilisation
Cleaning sediment from roadways
This shows Council you are acting responsibly.
Step 7 — Contact Council proactively
A professional and polite email confirming that you:
Received the notice
Have taken immediate steps
Have engaged professionals
Are working towards compliance
This helps maintain a cooperative relationship with Council.
Updated 2025 Penalties for Ignoring an Abatement Notice
Infringement-Level Penalties
For lower-level or first-time breaches:
Infringement fees usually range from $500 to $1,000, depending on the specific offence.
Serious or Continuing Offences
If Council escalates the matter to the Environment Court, maximum penalties now include:
Up to $1,000,000 for an individual
Up to $10,000,000 for a company
Additional daily fines up to $10,000 per day for ongoing breaches
Imprisonment up to 18 months (for the most serious offences)
These extreme penalties are typically reserved for major environmental harm or deliberate, ongoing non-compliance, but the law allows them.
Other Possible Consequences
A full stop-work order on the site
Requirement to apply for retrospective consents
Council completing remediation at your cost
Additional monitoring fees
Legal costs if prosecuted
How to Resolve Common Abatement Notice Issues
Earthworks Breaches
May require:
Installing compliant GD05 erosion and sediment controls
Stabilising exposed areas
Reinstating surfaces
Applying for retrospective resource consent
Sediment or Stormwater Breaches
Often resolved by:
Improving sediment containment
Reworking water diversion methods
Installing additional measures
Engineer inspection and certification
Retaining Wall Compliance
May require:
Engineering design (PS1)
Building consent approval
Geotechnical assessment
Adjusting or reconstructing non-compliant works
Drainage or Overland Flow Issues
Resolution may involve:
Engineer-designed drainage solutions
Correct Council connections
CCTV inspections
Reinstatement and certification
When to Seek Professional Help
You should engage a qualified civil contractor or engineer when:
Earthworks exceed permitted levels
Sediment controls are failing
A retaining wall may require consent
Stormwater flows have been altered
The site involves slips, slopes or known hazards
Council is threatening further action
Early intervention keeps costs down and avoids escalation.
How The Civil Company Can Help
The Civil Company has extensive experience assisting clients with abatement notices, including:
We provide practical, fast, and cost-effective solutions to help you achieve compliance and avoid further enforcement action.
Summary
An abatement notice is serious but manageable. Most issues can be resolved quickly with the right professional guidance and immediate corrective action.
Need Help With an Abatement Notice?
If you have received an abatement notice or compliance warning, contact our team. We can attend your site, advise on the required steps, collaborate with engineers, liaise with Auckland Council on your behalf, and assist in meeting all Auckland Council requirements.
The Civil Company — Auckland’s trusted earthworks, drainage, retaining wall and civil compliance specialists.
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