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Resource Management Act 1991

Environment Court - Miscellaneous provisions relating to court

261: Protection from legal proceedings

You could also call this:

“People working for the Environment Court can't be sued for doing their job properly”

You can’t take legal action against members of the Environment Court for things they say or do, or don’t say or do, while they’re doing their job in good faith. This means they’re protected when they’re trying their best to do their duties properly.

If a member of the Environment Court is also a District Court Judge, they have extra protection. They have the same protections as a High Court Judge all the time, not just when they’re working. You can find more information about this in section 23 of the District Court Act 2016.

The Registrar of the Environment Court is also protected from legal action. This protection applies when they’re doing their job in good faith under specific sections of the law. These sections are section 278(3), section 281(5), and section 281A.

Special advisors appointed under section 259 are also protected from legal action. This protection covers what they say or do, or don’t say or do, while they’re doing their job in good faith.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237706.

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260: Registrar and other officers, or

“The Environment Court has helpers like a Registrar and other workers who do important jobs to keep the court running smoothly.”

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262: Environment Court members who are ratepayers, or

“People who help make decisions about the environment can still do their job even if they pay local taxes.”

Part 11 Environment Court
Miscellaneous provisions relating to court

261Protection from legal proceedings

  1. No action lies against any member of the Environment Court for anything they say, do, or omit to say or do, while acting in good faith in the performance of their duties.

  2. In addition, a member of the Environment Court who is a District Court Judge also has the immunities conferred by section 23 of the District Court Act 2016 (which confers on District Court Judges, at all times, the same immunities as a Judge of the High Court).

  3. No action lies against the Registrar for anything the Registrar says or does, or omits to say or do, while acting in good faith under section 278(3), section 281(5), or section 281A.

  4. No action lies against a special advisor appointed under section 259 for anything the special advisor says or does, or omits to say or do, while acting in good faith in the performance of the special advisor’s duties.

Notes
  • Section 261(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 261(2): inserted, on , by section 7 of the Resource Management Amendment Act 2004 (2004 No 46).
  • Section 261(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 261(3): inserted, on , by section 97 of the Resource Management Amendment Act 2005 (2005 No 87).
  • Section 261(4): inserted, on , by section 76 of the Resource Management Amendment Act 2020 (2020 No 30).