Adverse Effects

   17. Duty to avoid, remedy, or mitigate adverse effects---(1) Every
 person has a duty to avoid, remedy, or mitigate any adverse effect on
 the environment arising from an activity carried on by or on behalf of
 that person, whether or not the activity is in accordance with a rule in
 a plan, a resource consent, section 10 (certain existing uses
 protected), or section 20 (certain existing lawful activities allowed).

   (2) The duty referred to in subsection (1) is not of itself
 enforceable against any person, and no person is liable to any other
 person for a breach of that duty.

   (3) Notwithstanding subsection (2), an enforcement order or abatement
 notice may be made or served under Part XII to---
   (a) Require a person to cease, or prohibit a person from commencing,
         anything that, in the opinion of the Planning Tribunal or an
         enforcement officer, is or is likely to be noxious, dangerous,
         offensive, or objectionable to such an extent that it has or is
         likely to have an adverse effect on the environment; or
   (b) Require a person to do something that, in the opinion of the
         Planning Tribunal or an enforcement officer, is necessary in
         order to avoid, remedy, or mitigate any actual or likely adverse
         effect on the environment caused by, or on behalf of, that
         person.