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Resource Management Act 1991

Environment Court - Environment Judges and alternate Environment Judges

249: Eligibility for appointment as an Environment Judge or alternate Environment Judge

You could also call this:

"Who can be an Environment Judge or alternate Environment Judge in New Zealand?"

Illustration for Resource Management Act 1991

To be an Environment Judge, you must be a District Court Judge or be eligible to be one. If you are not a District Court Judge when you are appointed as an Environment Judge, you will be appointed as a District Court Judge at the same time. You can be an Environment Judge if you meet these requirements. To be an alternate Environment Judge, you must meet certain conditions, such as being a District Court Judge, or a retired Environment Judge under 75 years old, and the Chief Environment Court Judge must certify that your appointment is necessary for the proper conduct of the Environment Court. The rules for being an Environment Judge or alternate Environment Judge are set out in the Resource Management Act 1991, which has been amended by the Resource Management Amendment Act 1996 and the Resource Management Amendment Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237646.

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Part 11Environment Court
Environment Judges and alternate Environment Judges

249Eligibility for appointment as an Environment Judge or alternate Environment Judge

  1. A person shall not be appointed or hold office as an Environment Judge unless he or she is, or is eligible to be, a District Court Judge. If an appointee is not a District Court Judge at the time of appointment as an Environment Judge, he or she shall be appointed as a District Court Judge at that time.

  2. A person may not be appointed or hold office as an alternate Environment Judge unless—

  3. the person is a District Court Judge, an acting District Court Judge, a Maori Land Court Judge, or an acting Maori Land Court Judge; or
    1. the person is a retired Environment Judge under the age of 75 years and the Chief Environment Court Judge certifies to the Attorney-General that the appointment is necessary for the proper conduct of the Environment Court.

      Notes
      • Section 249 heading: amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
      • Section 249(1): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
      • Section 249(2): replaced, on , by section 66 of the Resource Management Amendment Act 2020 (2020 No 30).