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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 can do the same things as a regular court when looking at legal problems about the environment.”

The Environment Court and its judges have the same powers as the District Court when dealing with civil matters. This includes the ability to ask an independent expert to write a report on any issue raised in an appeal. The expert who writes the report must be available for questioning by any party involved.

If you want to ask for documents to be shown or given to you, you need to get permission from an Environment Judge first.

The Registrar, when told to by an Environment Judge, can do some things to help prepare for court. This includes asking witnesses to come to court, telling people to bring documents, and setting up meetings.

When the Registrar does these things or approves certain requests, it’s treated the same as if the Environment Court did it.

The Registrar can also take official statements from people, which are called statutory declarations or affidavits.

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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.

Topics:
Environment and resources > Conservation
Crime and justice > Courts and legal help
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277A: Powers of Environment Court in relation to evidence heard on appeal by way of rehearing, or

“The court can look at evidence again when someone asks them to review a decision.”

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279: Powers of Environment Judge sitting alone, or

“An Environment Judge can make decisions alone on many types of orders and cases in court.”

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).