Compliance

Council officers are warranted to access properties to check for non-compliance with various rules and regulations.  

We carry photo identification, wear Council identifiable logos on our clothing and will show you a copy of our warrant authorisation should we need to access your site. If you are not present, we will leave you a notice advising you of the purpose of the visit and provide you with the contact details of the Council Officer who visited, so you may follow-up if you wish.

Reports of non-compliance

We receive complaints about activity or development that is creating nuisance or harm and investigate whether there is a breach of any rule or regulation. Most incidents and complaints are resolved by a quick phone call, email or meeting. 

If action is required from us, then we will look at the level of harm that is generated and the likelihood of that harm occurring. This allows us to prioritise and allocate our resources to the highest need. 

The Council has a Compliance and Enforcement Policy [PDF 591 KB] that sets out our approach in more detail.

Our non-compliance response options

Engage

We will work with you to draw your attention to the issue or incident. You will be given the opportunity to correct any issues or incidents, where possible.  You can expect to receive a phone call or email from us.

Educate

We will advise you of the reason for the rule/regulation that is breached and provide details on the harm that may be caused by not complying with the rules/regulation. A written letter or warning may be issued to you explaining the incident, the harm caused and any corrective actions that may be required from you.

Enforce

We will act to formally respond to an incident/issue or to address repetitive non-compliant behaviour. You may be issued with a formal notice directing you to stop and/or to undertake corrective action. If you hold a licence/consent with us, then we may alter the terms and conditions. A formal infringement notice may also be issued that will require you to pay a fine.

Full Force

We will apply to the District Court or Environment Court for an order to direct you to comply or to cease works. The Council may also commence a prosecution in the District Court if we consider criminal charges to be appropriate as a punishment for an offence and as a deterrent for others.

We consider a number of factors when choosing the appropriate non-compliance option.

If our compliance officers are working with you, then your behaviour and attitude towards achieving compliance is important. It is a key factor that we consider when determining the best response to any issues or incidents.  

We charge for our time spent working with you - so good communication and a willingness to ‘put things right’ can help reduce costs for you.