Māori Status in New Zealand Law · Enforcement Ledger · Part 44 · Regulatory enforcement

How can a regulator require compliance with a licence, consent or statutory standard?

Regulatory compulsion usually works through licences, consents, notices, inspection powers and offence provisions created by the statute governing the activity.

Many enforcement disputes arise outside Police and courts: building, food, transport, health and occupational regimes all use administrative notices and licence conditions.

The Building Act 2004 provides a clear example. If a responsible authority considers on reasonable grounds that a specified person is contravening the Act or regulations, it may issue a notice to fix requiring compliance within a reasonable timeframe.

CompulsionLicence conditions, inspection, notice to fix, suspension/cancellation, infringement or prosecution.

Primary instrumentThe statute governing the regulated activity; for building enforcement, the Building Act 2004.

TriggerThe particular breach or reasonable-ground threshold stated in the statute.

ControlNotice form, reasons, scope, timeframe, appeal/review and procedural requirements.

Entering a regulated activity changes the legal analysis.A licence or consent does not create unlimited governmental authority. It brings the activity within a statutory regime whose conditions and enforcement powers must still be read precisely.

For any regulator, identify the enabling Act first. “Compliance” is not a source of power; the statute is.

Example statuteBuilding Act 2004, notices to fix.

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