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

The member of the Environment Court who is in charge of a court session has the power to decide if the court has been set up and brought together properly. This decision is entirely up to them.

You can’t challenge this decision in the Environment Court or any other court. This means that once the member in charge has decided the court is properly set up, you have to accept their 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=DLM237726.

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265: Environment Court sittings, or

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

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267: Conferences, or

“A meeting where a judge can make decisions about how a case will be handled”

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).