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Resource Management Act 1991

Environment Court - Procedure and powers

278: Environment Court has powers of District Court

You could also call this:

“The Environment Court has the same powers as the District Court to make decisions and take action in civil cases.”

The Environment Court has the same powers as the District Court when it comes to civil cases. This means the Environment Court can do things like ask an independent expert for a report on a matter, as provided for by subpart 4 of Part 9 of the District Court Rules 2014. You can think of an independent expert like a specialist who can give an unbiased opinion on a topic.

If the Environment Court asks an independent expert for a report, that expert must be available to answer questions from any party involved in the case, despite what rule 9.31 of the District Court Rules 2014 says. The Environment Court can also make decisions about whether or not to share documents with parties involved in a case.

The Registrar can act on behalf of the Environment Court or an Environment Judge to do things like issue summonses for witnesses or make orders for documents to be produced. The Registrar can also convene a conference under section 267. Any orders made by the Registrar must be treated as if they were made by the Environment Court. The Registrar can also take a statutory declaration or an affidavit, which is a written statement that someone promises is true.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237771.

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Part 11 Environment Court
Procedure and powers

278Environment Court has powers of District Court

  1. The Environment Court and Environment Judges have the same powers that the District Court has in the exercise of its civil jurisdiction, including, without limitation, the power to commission a report from an independent expert on any matter raised in an appeal, as provided for by subpart 4 of Part 9 of the District Court Rules 2014.

  2. Despite rule 9.31 of the District Court Rules 2014, an independent expert from whom a report is commissioned under subsection (1) must be available to be cross-examined by any party.

  3. An application for an order for discovery or production of documents may be made only with the leave of an Environment Judge.

  4. If the Registrar is directed to do so by an Environment Judge, the Registrar may act on behalf of the Environment Court or an Environment Judge in doing any act preliminary or incidental to any proceedings, including—

  5. the issuing of summonses requiring the attendance of witnesses; and
    1. the making of an order for the production of documents; and
      1. the convening of a conference under section 267.

        1. An order made by the Registrar under subsection (3) or an application granted under section 281 must be treated as if it were an order of the Environment Court.

        2. The Registrar may take a statutory declaration or an affidavit.

        Notes
        • Section 278 heading: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 278 heading: amended, on , by section 14 of the Resource Management Amendment Act 1996 (1996 No 160).
        • Section 278(1): replaced, on , by section 14 of the Resource Management Amendment Act 1996 (1996 No 160).
        • Section 278(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 278(1): amended, on , by section 101(1) of the Resource Management Amendment Act 2005 (2005 No 87).
        • Section 278(1A): inserted, on , by section 101(2) of the Resource Management Amendment Act 2005 (2005 No 87).
        • Section 278(1A): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 278(2): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
        • Section 278(3): replaced, on , by section 101(3) of the Resource Management Amendment Act 2005 (2005 No 87).
        • Section 278(4): inserted, on , by section 101(3) of the Resource Management Amendment Act 2005 (2005 No 87).
        • Section 278(5): inserted, on , by section 101(3) of the Resource Management Amendment Act 2005 (2005 No 87).