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Resource Management Act 1991

Environment Court - Environment Judges and alternate Environment Judges

251A: Appointment of acting Chief Environment Court Judge

You could also call this:

“When the top judge is away or the job is empty, another judge can step in to do their work.”

Sometimes, the Chief Environment Court Judge might not be able to do their job. This can happen if they’re sick, out of New Zealand, or for any other reason. It can also happen if no one is in that job at the moment.

When this happens, the Governor-General can choose another Environment Judge to do the Chief Environment Court Judge’s job for a while. This person is called the acting Chief Environment Court Judge. They will do this job until the real Chief Environment Court Judge comes back or until a new one is chosen.

While they’re filling in, the acting Chief Environment Court Judge can do everything the real Chief Environment Court Judge would do. They have all the same powers and can carry out all the same duties.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237657.

Topics:
Crime and justice > Courts and legal help
Environment and resources > Conservation
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251: Chief Environment Court Judge, or

“The boss judge for environment cases is chosen to make sure the court works smoothly and quickly.”

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252: When an alternate Environment Judge may act, or

“A backup judge can fill in when the main judge says it's needed and becomes part of the court team.”

Part 11 Environment Court
Environment Judges and alternate Environment Judges

251AAppointment of acting Chief Environment Court Judge

  1. This section applies if—

  2. the Chief Environment Court Judge is unable to exercise the duties of office because of illness or absence from New Zealand, or for any other reason; or
    1. the office of Chief Environment Court Judge is vacant.

      1. The Governor-General may appoint another Environment Judge to act in place of the Chief Environment Court Judge until the Chief Environment Court Judge resumes the duties of that office or a successor is appointed, as the case may be.

      2. While acting in place of the Chief Environment Court Judge, the acting Chief Environment Court Judge—

      3. may perform the functions and duties of the Chief Environment Court Judge; and
        1. may for that purpose exercise all the powers of the Chief Environment Court Judge.

          Notes
          • Section 251A: inserted, on , by section 95 of the Resource Management Amendment Act 2005 (2005 No 87).
          • Section 251A heading: amended, on , by section 71(1) of the Resource Management Amendment Act 2020 (2020 No 30).
          • Section 251A(1)(a): amended, on , by section 71(2) of the Resource Management Amendment Act 2020 (2020 No 30).
          • Section 251A(1)(b): amended, on , by section 71(2) of the Resource Management Amendment Act 2020 (2020 No 30).
          • Section 251A(2): amended, on , by section 71(2) of the Resource Management Amendment Act 2020 (2020 No 30).
          • Section 251A(3): amended, on , by section 71(2) of the Resource Management Amendment Act 2020 (2020 No 30).
          • Section 251A(3)(a): amended, on , by section 71(2) of the Resource Management Amendment Act 2020 (2020 No 30).
          • Section 251A(3)(b): amended, on , by section 71(2) of the Resource Management Amendment Act 2020 (2020 No 30).