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Resource Management Act 1991

Environment Court - Conferences and additional dispute resolution

267: Conferences

You could also call this:

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

When someone starts a legal case, an Environment Judge will think about having a meeting called a conference. The judge can ask people involved in the case to come to this meeting. If you’re asked to come, you need to be there yourself or send someone who can make decisions for you.

You can also ask the judge to have a conference if you want one. At the conference, the judge can do many things to help the case run smoothly. They can ask people to change their written statements, record any agreements made, decide what the main issues are, and set the order for how things will happen in court.

The judge can also decide how evidence will be given, like whether people will speak in court or write down their statements. They can limit how many times lawyers can ask questions and decide what evidence can be used. If needed, they can ask for more information or pause the meeting so people can talk to each other.

The judge running the conference will make sure everyone has a chance to agree on how the case will be handled. If someone doesn’t want to agree to something, the judge might make a note of it, which could affect who has to pay for court costs later.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237730.

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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.”

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268: Alternative dispute resolution, or

“This explains how the Environment Court can use special ways to help solve problems without going to a full court hearing.”

Part 11 Environment Court
Conferences and additional dispute resolution

267Conferences

  1. An Environment Judge—

  2. must, as soon as practicable after the lodging of proceedings, consider whether to convene a conference presided over by a member of the court; and
    1. may, at any time after the lodging of proceedings, require the parties, or any Minister, local authority, or other person that or who has given notice of intention to appear under section 274, to be present at a conference presided over by a member of the court.

      1. Each person required to be present at a conference must—

      2. be present in person; or
        1. have at least 1 representative present who has the authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise at the conference.

          1. Any party may request an Environment Judge to convene a conference under subsection (1).

          2. The member of the court presiding at any conference under subsection (1) may, after giving the parties an opportunity to be heard, do all or any of the following things:

          3. direct that such amendments to pleadings be made as appear to the member to be necessary:
            1. direct that any admissions which have been made by any party and which do not appear in the pleadings, be recorded in such a manner as the member thinks fit:
              1. define the issues to be tried:
                1. direct that any issue, whether of fact or of law or of both, be tried before any other issue:
                  1. fix the dates by which the respective parties shall deliver to the court and to the other parties, statements of the evidence to be given on behalf of the respective parties:
                    1. direct the order in which the parties shall present their respective cases:
                      1. direct the order in which a party may cross-examine witnesses called on behalf of any other party:
                        1. limit the number of addresses and cross-examinations of witnesses by parties having the same interest:
                          1. direct that the evidence, or the evidence of any particular witness or witnesses, shall be given orally in open hearing, or by affidavit, or by pre-recorded statement or report duly sworn by the witness before or at the hearing, or partly by one and partly by another or other of such modes of testifying; except that in every case any opposite party shall (if that party so requires) have the opportunity of cross-examining any witness:
                            1. determine any question of admissibility of any evidence proposed to be tendered at the hearing by any party:
                              1. require further or better particulars of any matters connected with the proceedings:
                                1. adjourn the conference to allow for consultations among the parties:
                                  1. give such further or other directions as he or she considers necessary.

                                    1. The member of the court presiding at any conference under subsection (1)—

                                    2. shall ensure that the parties are given an opportunity to make all admissions and all agreements as to the conduct of the proceedings which ought reasonably to be made by them; and
                                      1. with a view to such special order (if any) as to costs as may be just being made at the hearing, may cause a record to be made, in such form as the member may direct, of any refusal to make any admission or agreement.

                                        Notes
                                        • Section 267(1): replaced, on , by section 101 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                        • Section 267(1A): inserted, on , by section 101 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                        • Section 267(2): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                                        • Section 267(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                                        • Section 267(3)(e): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                                        • Section 267(4): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).