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Resource Management Act 1991

Environment Court - Procedure and powers

276: Evidence

You could also call this:

“What the court accepts as evidence to help make a decision”

The Environment Court can receive any evidence it thinks is appropriate. You can give evidence in a way that helps the court make a decision. The court can also ask someone to come and give evidence.

The court can accept evidence that was already presented at a hearing under section 39. It can also decide how evidence is given to the court. The court is not bound by the usual rules of law about evidence.

The Environment Court can receive evidence in Maori and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 applies. This section is subject to section 277A. The court has the power to make its own decisions about evidence.

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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 Māori affairs > Te reo Māori
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"Using copies of documents as evidence in court"

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).