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Resource Management Act 1991

Environment Court - Conferences and additional dispute resolution

268: Alternative dispute resolution

You could also call this:

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

The Environment Court can ask one of its members or someone else to help solve disagreements using a special process called ADR. This can happen any time after someone brings a case to the court, even before or during a hearing. The court can decide to do this on its own or if someone asks for it.

If a court member runs an ADR process, they can still make the final decision on the case if everyone agrees it’s okay. The member and the court need to think it’s a good idea too.

ADR means “alternative dispute resolution”. It’s a way to help people sort out their problems without going through a full court hearing. Mediation is one example of ADR.

The court can use ADR for any issue that comes up in a case. It’s a tool to help people find solutions more easily.

You can find more information about ADR in section 268A of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237732.

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267: Conferences, or

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

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268A: Mandatory participation in alternative dispute resolution processes, or

“You must join in or send someone to help solve problems outside of court, unless the court says you don't have to.”

Part 11 Environment Court
Conferences and additional dispute resolution

268Alternative dispute resolution

  1. At any time after proceedings are lodged, the Environment Court may, for the purpose of facilitating the resolution of any matter, ask a member of the Environment Court or another person to conduct an ADR process before or at any time during the course of a hearing.

  2. The Environment Court may act under this section on its own motion or on request.

  3. A member of the Environment Court who conducts an ADR process is not disqualified from resuming his or her role to decide a matter if—

  4. the parties agree that the member should resume his or her role and decide the matter; and
    1. the member concerned and the court are satisfied that it is appropriate for him or her to do so.

      1. In this section and section 268A, ADR process means an alternative dispute resolution process (for example, mediation) designed to facilitate the resolution of a matter.

      Notes
      • Section 268: replaced, on , by section 102 of the Resource Legislation Amendment Act 2017 (2017 No 15).