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 become a judge for environmental cases in New Zealand”

You can become an Environment Judge or an alternate Environment Judge if you meet certain requirements. To be an Environment Judge, you need to be a District Court Judge or be able to become one. If you’re not already a District Court Judge when you’re chosen to be an Environment Judge, you’ll be made a District Court Judge at the same time.

For alternate Environment Judges, there are two ways you can qualify. You can be a current District Court Judge, acting District Court Judge, Maori Land Court Judge, or acting Maori Land Court Judge. Or, if you’re a retired Environment Judge under 75 years old, you might be chosen if the Chief Environment Court Judge tells the Attorney-General that they need you to help run the Environment Court properly.

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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.

Topics:
Environment and resources > Conservation
Government and voting > Local councils
Crime and justice > Courts and legal help
Māori affairs > Māori land

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248: Membership of Environment Court, or

“The Environment Court has judges and commissioners who make decisions about the environment.”


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250: Appointment of Environment Judges and alternate Environment Judges, or

“The Governor-General chooses special judges to help with environmental cases in court.”

Part 11 Environment 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).