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New Zealand law explained for everyone

Resource Management Act 1991

Environment Court - Procedure and powers

276: Evidence

You could also call this:

“The Environment Court can accept, request, and hear any evidence it thinks will help make a decision.”

The Environment Court can accept any evidence it thinks is helpful. You can give evidence to the court, and the court can ask for specific evidence or call people to give evidence if it thinks this will help make a decision.

The court can use evidence that was given at an earlier hearing. It can also tell people how they should give their evidence to the court.

The Environment Court doesn’t have to follow the usual rules about evidence that other courts use. This means it can be more flexible about what evidence it accepts.

You can give evidence in te reo Māori (the Māori language) if you want to. The Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 applies to this situation.

These rules about evidence work alongside section 277A, which might have some extra rules you need to follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237764.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Māori affairs > Te reo Māori
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275: Personal appearance or by representative, or

“You can speak for yourself or have someone else speak for you at the Environment Court.”

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276A: Evidence of documents, or

“Copies of official plans can be used as proof in court cases just like the original documents”

Part 11 Environment Court
Procedure and powers

276Evidence

  1. The Environment Court may—

  2. receive anything in evidence that it considers appropriate to receive; and
    1. call for anything to be provided in evidence which it considers will assist it to make a decision or recommendation; and
      1. call before it a person to give evidence who, in its opinion, will assist it in making a decision or recommendation.

        1. The court may, whether or not the parties consent,—

        2. accept evidence that was presented at a hearing held by the consent authority under section 39:
          1. direct how evidence is to be given to the court.

            1. The Environment Court is not bound by the rules of law about evidence that apply to judicial proceedings.

            2. The Environment Court may receive evidence written or spoken in Maori and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 shall apply accordingly.

            3. This section applies subject to section 277A.

            Notes
            • Section 276(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 276(1A): inserted, on , by section 100 of the Resource Management Amendment Act 2005 (2005 No 87).
            • Section 276(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 276(3): amended, on , by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).
            • Section 276(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 276(4): inserted, on , by section 103 of the Resource Legislation Amendment Act 2017 (2017 No 15).