Prosecutions & Enforcement

We hold fully developed precedent documents for all aspects of prosecution and enforcement proceedings and have the intimate practical familiarity with procedures needed to place matters before the Court within a day or two of receiving instructions (or even on the same day for urgent matters).

We also possess a detailed knowledge of the principles to be applied in determining whether enforcement matters should be pursued through the Planning and Environment Court or through the prosecution process in the Magistrates Court.  We can give Councils comprehensive advice, based on practical experience as well as technical knowledge, on which course is likely to produce the most cost-effective result in any given matter.

We know what’s required to build a prosecution from scratch, to ensure discharge of the (criminal) standard of proof incumbent upon a prosecuting authority.  We work with Council officers as part of a prosecution unit, to ensure that Council's chances of success in Court are maximised.

But in addition, or as an alternative, to instituting Court proceedings, Councils may also give show cause and enforcement notices under the Planning Act 2016 and the Building Act 1975.  Councils are also empowered to give similar types of notices under various other State legislation (like a Public Health Order under the Public Health Act 2005), and Council’s own local laws.  We’ve consequently developed numerous precedent documents for the different types of notices, which we can apply as and when required by our Council clients.