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Resource Management Act 1991

Environment Court - Procedure and powers

272: Hearing of proceedings

You could also call this:

“What happens when your case is heard in the Environment Court”

When you take a case to the Environment Court, they will try to hear and decide it as soon as possible. The court will set a time and place for the hearing, and they will tell you about it. You will get at least 15 working days’ notice of when and where the hearing will be, unless an Environment Judge decides to give you less notice.

If you started the court case but do not show up to the hearing without a good reason, the court might dismiss your case. The Environment Court will make decisions about your case, and they will follow rules made under the Resource Management Act. The Registrar is in charge of setting the time and place for the hearing, and they will make sure you know about it.

You can find more information about how the court works and the rules they follow in the Resource Management Amendment Act 1996. The court will hear your case and make a decision based on the rules and laws. They will try to be fair and make a decision that is best for everyone involved.

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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.

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Environment and resources > Town planning Crime and justice > Courts and legal help
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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).