Plain language law

New Zealand law explained for everyone

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:

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

The Governor-General can appoint Environment Judges and alternate Environment Judges based on the Attorney-General’s recommendation. Before making this recommendation, the Attorney-General must talk to the Minister for the Environment and the Minister for Māori Development.

When you become an Environment Judge or an alternate Environment Judge, you keep that job for as long as you’re a District Court Judge, acting District Court Judge, Maori Land Court Judge, or acting Maori Land Court Judge. You can also quit or be removed from the job under this law.

Alternate Environment Judges have the same powers and protections as District Court Judges when they’re doing Environment Judge work.

If you’re a retired Environment Judge, you can be an alternate Environment Judge for up to 2 years at a time. You can do this job more than once, but not after you turn 75 years old, and not for more than 5 years in total.

There can be up to 10 Environment Judges working at the same time, but any number of alternate Environment Judges. When counting Environment Judges, part-time judges count as less than one whole judge.

The Attorney-General must tell people how they look for and choose Environment Judges and alternate Environment Judges.

If you’re an Environment Judge or an alternate Environment Judge, you’re not allowed to work as a lawyer.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237648.

Topics:
Government and voting > Government departments
Crime and justice > Courts and legal help
Environment and resources > Conservation
Previous

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

“Who can become a judge for environmental cases in New Zealand”

Next

250A: Judge not to undertake other employment or hold other office, or

“Environment Judges can only work other jobs or have other roles if the Chief Environment Court Judge says it's okay.”

Part 11 Environment 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).