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Resource Management Act 1991

Environment Court - Constitution of court

265: Environment Court sittings

You could also call this:

“The Environment Court needs different numbers of people to make decisions, depending on what they're doing.”

The Environment Court needs different numbers of people to make decisions. Sometimes, it’s one Environment Judge and one Environment Commissioner working together. Other times, it’s just one Environment Judge working alone for certain tasks, like those in section 279 or Part 12. In some cases, one Environment Commissioner can work alone if the Chief Environment Court Judge or an Environment Judge says it’s okay, as mentioned in section 280.

When an Environment Judge works with an Environment Commissioner or a special advisor, the Environment Judge is in charge of the meeting. When the court makes a decision, most of the people there need to agree. If they can’t agree, the person in charge (usually the Environment Judge) gets to make the final decision.

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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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“Every year, the Environment Court's manager writes a report about how the court is doing and gives it to the government.”

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266: Constitution of the Environment Court not to be questioned, or

“The judge decides if the court is set up correctly, and no one can argue about it.”

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).