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New Zealand law explained for everyone

Resource Management Act 1991

Environment Court - Procedure and powers

272: Hearing of proceedings

You could also call this:

“The Environment Court listens to cases as quickly as it can and tells everyone when and where to come.”

The Environment Court will try to hear and decide on your case as soon as they can after you lodge it with them. But sometimes, they might not do this if it’s not the right thing to do for your particular case.

The Registrar will decide when and where your hearing will take place. They will follow the rules set out in this Act when they do this.

The Registrar will let you know when and where your hearing will be at least 15 working days before it happens. They will tell everyone involved in the case. Sometimes, if an Environment Judge thinks it’s okay, they might give you less than 15 days’ notice.

If you start a case with the Environment Court but don’t show up to the hearing without a good reason, the court might decide to dismiss your case. This means your case won’t go ahead.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237748.

Topics:
Environment and resources > Town planning
Crime and justice > Courts and legal help
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271A: Submitter may be party to proceedings, or

“People who give their opinions can join in the legal discussion”

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273: Successors to parties to proceedings, or

“When someone goes to court about the environment, their family or friends can continue the case if needed”

Part 11 Environment Court
Procedure and powers

272Hearing of proceedings

  1. The Environment Court shall hear and determine all proceedings as soon as practicable after the date on which the proceedings are lodged with it unless, in the circumstances of a particular case, it is not considered appropriate to do so.

  2. The time and place of hearing of proceedings before the court shall be fixed by the Registrar in accordance with regulations made under this Act.

  3. The Registrar shall give not less than 15 working days notice of the time and place fixed for a hearing to every party to the proceedings concerned, except that an Environment Judge may reduce that period in any particular case if he or she thinks fit.

  4. If a person who has initiated proceedings before the court fails without sufficient cause to appear before the court at the time and place fixed for the hearing, the court may dismiss the proceedings.

Notes
  • Section 272(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 272(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 272(3): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 272(4): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).