Resource Management Act 1991

Environment Court - Constitution of court

266: Constitution of the Environment Court not to be questioned

You could also call this:

“The Environment Court's setup can't be challenged once the person in charge says it's okay.”

When you are in the Environment Court, the person in charge decides if the court is set up correctly. You can think of the Environment Court like a special kind of court that helps make decisions about the environment. The person in charge gets to make this decision on their own.

If the person in charge decides the court is set up correctly, you cannot question this decision in the Environment Court or in another court. This means that once the decision is made, it is final and you cannot argue about it. The court will then continue with its work.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237726.


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"How the Environment Court makes decisions with judges and commissioners"


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267: Conferences, or

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Part 11 Environment Court
Constitution of court

266Constitution of the Environment Court not to be questioned

  1. It is in the sole discretion of the member of the Environment Court presiding at a sitting of the court to decide whether the court has been properly constituted and convened.

  2. The exercise of discretion under subsection (1) may not be questioned in proceedings before the court or in another court.

Notes
  • Section 266 heading: amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 266(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 266(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).