Resource Management Act 1991

Environment Court - Environment Judges and alternate Environment Judges

250: Appointment of Environment Judges and alternate Environment Judges

You could also call this:

"Who can be chosen as Environment Judges and how they get the job"

The Governor-General can appoint people as Environment Judges or alternate Environment Judges. You can find out how they are appointed in accordance with section 249(1) for Environment Judges and section 249(2)(a) or section 249(2)(b) for alternate Environment Judges.

When you are appointed as an Environment Judge or an alternate Environment Judge, you hold the position for a certain term. If you are an alternate Environment Judge, you have the same powers as a District Court Judge when you are acting as an Environment Judge, as stated in the District Court Act 2016.

A retired Environment Judge can be appointed as an alternate Environment Judge for up to 2 years. They can be reappointed, but they cannot be appointed for a term that goes past their 75th birthday or for more than 5 years in total.

At any one time, there can be up to 10 Environment Judges. There is no limit to the number of alternate Environment Judges. The Attorney-General must publish information on how they choose people for these positions. Environment Judges and alternate Environment Judges cannot work as lawyers.

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Part 11Environment Court
Environment Judges and alternate Environment Judges

250Appointment of Environment Judges and alternate Environment Judges

  1. The Governor-General may, on the recommendation of the Attorney-General, after consulting the Minister for the Environment and the Minister for Māori Development,—

  2. appoint a person as an Environment Judge in accordance with section 249(1); or
    1. appoint a person as an alternate Environment Judge—
      1. in accordance with section 249(2)(a); or
        1. in accordance with section 249(2)(b).
        2. A person appointed under subsection (1)(a) or (b)(i) holds office as an Environment Judge or as an alternate Environment Judge for the term that the person holds office as a District Court Judge, an acting District Court Judge, a Maori Land Court Judge, or an acting Maori Land Court Judge, unless the person sooner resigns or is removed from office under this Act.

        3. When acting as an Environment Judge, an alternate Environment Judge appointed under subsection (1)(b)(ii) has the jurisdiction, powers, protections, privileges, and immunities of a District Court Judge under the District Court Act 2016.

        4. A retired Environment Judge—

        5. may be appointed as an alternate Environment Judge for a term of not more than 2 years and may be reappointed for 1 or more terms; but
          1. must not be appointed—
            1. for a term that extends beyond the date on which the Judge reaches the age of 75 years; or
              1. for multiple terms collectively totalling more than 5 years.
              2. At any one time—

              3. no more than 10 Environment Judges shall hold office; and
                1. any number of alternate Environment Judges shall hold office.
                  1. For the purposes of subsection (3)(a),—

                  2. an Environment Judge who is acting on a full-time basis counts as 1:
                    1. an Environment Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
                      1. the aggregate number (for example, 7.5) must not exceed the maximum number of Environment Judges that is for the time being permitted.
                        1. The Attorney-General must publish information explaining his or her process for—

                        2. seeking expressions of interest for the appointment of Environment Judges and alternate Environment Judges; and
                          1. nominating a person for appointment as an Environment Judge or an alternate Environment Judge.
                            1. Environment Judges and alternate Environment Judges must not practise as lawyers.

                            Notes
                            • Section 250 heading: amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                            • Section 250(1): replaced, on , by section 67 of the Resource Management Amendment Act 2020 (2020 No 30).
                            • Section 250(2): replaced, on , by section 67 of the Resource Management Amendment Act 2020 (2020 No 30).
                            • Section 250(2A): inserted, on , by section 67 of the Resource Management Amendment Act 2020 (2020 No 30).
                            • Section 250(2B): inserted, on , by section 67 of the Resource Management Amendment Act 2020 (2020 No 30).
                            • Section 250(3)(a): amended, on , by section 127 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 250(3)(a): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                            • Section 250(3)(b): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                            • Section 250(4): inserted, on , by section 3(2) of the Resource Management Amendment Act 2004 (2004 No 46).
                            • Section 250(5): inserted, on , by section 5 of the Resource Management Amendment Act 2016 (2016 No 68).
                            • Section 250(6): inserted, on , by section 5 of the Resource Management Amendment Act 2016 (2016 No 68).