Resource Management Act 1991

Environment Court - Constitution of court

265: Environment Court sittings

You could also call this:

“How the Environment Court makes decisions with judges and commissioners”

The Environment Court is made up of Environment Judges and Environment Commissioners. You need to have at least one Environment Judge and one Environment Commissioner to make decisions, or one Environment Judge on their own for certain cases like those under section 279 or Part 12. One Environment Commissioner can also make decisions on their own if the Chief Environment Court Judge or an Environment Judge says they can, under section 280.

When an Environment Judge sits with an Environment Commissioner, the Environment Judge is in charge. If they cannot agree, the Environment Judge’s decision is the final one.

A decision is made by a majority of the members of the Environment Court, but if they cannot agree, the presiding member’s decision is the final one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237721.


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Part 11 Environment Court
Constitution of court

265Environment Court sittings

  1. The quorum for the Environment Court is—

  2. 1 Environment Judge and 1 Environment Commissioner sitting together; or
    1. 1 Environment Judge sitting alone for the purposes of section 279 or proceedings under Part 12; or
      1. 1 Environment Commissioner sitting alone in accordance with a direction of the Chief Environment Court Judge or an Environment Judge under section 280.
        1. When an Environment Judge sits with an Environment Commissioner or special advisor, the Environment Judge shall preside at the sitting.

        2. A decision of a majority of the members of the Environment Court present at a sitting is the decision of the court but, if there is no majority, the decision of the presiding member is the decision of the court.

        Notes
        • Section 265 heading: amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
        • Section 265(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
        • Section 265(1)(a): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
        • Section 265(1)(a): amended, on , pursuant to section 6(2)(c) of the Resource Management Amendment Act 1996 (1996 No 160).
        • Section 265(1)(b): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
        • Section 265(1)(b): amended, on , by section 133 of the Resource Management Amendment Act 1993 (1993 No 65).
        • Section 265(1)(c): amended, on , by section 77 of the Resource Management Amendment Act 2020 (2020 No 30).
        • Section 265(1)(c): amended, on , by section 100 of the Resource Legislation Amendment Act 2017 (2017 No 15).
        • Section 265(1)(c): amended, on , pursuant to section 6(2)(c) of the Resource Management Amendment Act 1996 (1996 No 160).
        • Section 265(2): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
        • Section 265(2): amended, on , pursuant to section 6(2)(c) of the Resource Management Amendment Act 1996 (1996 No 160).
        • Section 265(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).