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Resource Management Act 1991

Environment Court - Procedure and powers

274: Representation at proceedings

You could also call this:

“Who can take part in Environment Court proceedings and how”

You can be a part of proceedings before the Environment Court if you are the Minister, a local authority, or the Attorney-General. You can also be a part of the proceedings if you have an interest in them that is greater than the general public’s interest. This interest is decided by the Environment Court, who look at every relevant statutory acknowledgment as defined in the Act specified in Schedule 11.

If you want to be a part of the proceedings, you must give notice within 15 working days after the period for lodging a notice of appeal ends, or after the decision to hold an inquiry is made. You must give this notice to the Environment Court, the relevant local authority, and the person who started the proceedings. You must also give the same notice to all other parties within 5 working days.

The notice you give must state which proceedings you have an interest in, whether you support or oppose them, and why. It must also include an address where you can be contacted. If you become a party to the proceedings, you can appear and call evidence, but only on matters within the scope of the appeal or inquiry.

There are some limits on who can call evidence and what evidence can be called. For example, if you made a submission in the previous proceedings, you can only call evidence on matters that were in your submission. You can find more information about this in section 308B(2), clauses 6(4) and 29(1B) of Schedule 1.

You cannot oppose the withdrawal or abandonment of the proceedings unless they were started by someone who made a submission in the previous proceedings on the same matter. Subsections 2 to 2B of this section are subject to section 281.

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Topics:
Environment and resources > Conservation Environment and resources > Town planning
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Part 11 Environment Court
Procedure and powers

274Representation at proceedings

  1. The following persons may be a party to any proceedings before the Environment Court:

  2. the Minister:
    1. a local authority:
      1. the Attorney-General representing a relevant aspect of the public interest:
        1. a person who has an interest in the proceedings that is greater than the interest that the general public has, but the person's right to be a party is limited by section 308C if the person is a person A as defined in section 308A and the proceedings are an appeal against a decision under this Act in favour of a person B as defined in section 308A:
          1. a person who has an interest in the proceedings that is greater than the interest that the general public has, but the person’s right to be a party is limited by section 308CA if the person is person A as defined in section 308A and the proceedings are for an application for a resource consent or a notice of requirement by person B as defined in section 308A:
            1. a person who made a submission to which the following apply:
              1. it was made about the subject matter of the proceedings; and
                1. section 308B(2) and clauses 6(4) and 29(1B) of Schedule 1 were irrelevant to it:
                2. a person who made a submission to which the following apply:
                  1. it was made about the subject matter of the proceedings; and
                    1. section 308B(2) or clauses 6(4) or 29(1B) of Schedule 1 was relevant to it; and
                      1. it was made in compliance with whichever of section 308B(2) or clauses 6(4) or 29(1B) of Schedule 1 was relevant to it.

                      2. A person described in subsection (1) may become a party to the proceedings by giving notice within 15 working days after—

                      3. the period for lodging a notice of appeal ends, if the proceedings are an appeal:
                        1. the decision to hold an inquiry, if the proceedings are an inquiry:
                          1. the proceedings are commenced, in any other case.

                            1. A notice given under subsection (2) must be given to—

                            2. the Environment Court; and
                              1. the relevant local authority; and
                                1. the appellant, in the case of an appeal, or the person who commenced proceedings, in any other case.

                                  1. The person giving notice under subsection (2) must, no later than 5 working days after the deadline for giving that notice, give the same notice to all other parties.

                                  2. The notice given under subsection (2) must state—

                                  3. the proceedings in which the person has an interest; and
                                    1. whether the person supports or opposes the proceedings and the reasons for that support or opposition; and
                                      1. if applicable, the grounds for seeking representation under subsection (1)(c) or (d); and
                                        1. an address for service.

                                          1. A person who becomes a party to the proceedings under this section may appear and call evidence in accordance with subsections (4A) and, if relevant, (4B).

                                          2. Evidence must not be called under subsection (4) unless it is on matters within the scope of the appeal, inquiry, or other proceeding.

                                          3. However, in the case of a person described in subsection (1)(e) or (f), evidence may be called only if it is both—

                                          4. within the scope of the appeal, inquiry, or other proceeding; and
                                            1. on matters arising out of that person's submissions in the previous related proceedings or on any matter on which that person could have appealed.

                                              1. A person who becomes a party to the proceedings under this section may not oppose the withdrawal or abandonment of the proceedings unless the proceedings were brought by a person who made a submission in the previous proceedings on the same matter.

                                              2. For the purposes of determining whether a person has an interest in proceedings greater than the interest that the general public has, the Environment Court must have regard to every relevant statutory acknowledgment (within the meaning of an Act specified in Schedule 11) in accordance with the provisions of the relevant Act in that schedule.

                                              3. Subsections (2) to (2B) are subject to section 281.

                                              Notes
                                              • Section 274: replaced, on , by section 76 of the Resource Management Amendment Act 2003 (2003 No 23).
                                              • Section 274(1): replaced, on , by section 128(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 274(1)(da): inserted, on , by section 45(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                                              • Section 274(2): replaced, on , by section 128(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 274(2): amended, on , by section 45(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                                              • Section 274(2A): inserted, on , by section 45(3) of the Resource Management Amendment Act 2013 (2013 No 63).
                                              • Section 274(2B): inserted, on , by section 45(3) of the Resource Management Amendment Act 2013 (2013 No 63).
                                              • Section 274(3)(b): amended, on , by section 128(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 274(4): replaced, on , by section 99 of the Resource Management Amendment Act 2005 (2005 No 87).
                                              • Section 274(4A): inserted, on , by section 99 of the Resource Management Amendment Act 2005 (2005 No 87).
                                              • Section 274(4B): inserted, on , by section 99 of the Resource Management Amendment Act 2005 (2005 No 87).
                                              • Section 274(4B): amended, on , by section 128(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 274(6): amended, on , by section 128(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 274(7): replaced, on , by section 45(4) of the Resource Management Amendment Act 2013 (2013 No 63).