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Resource Management Act 1991

Environment Court - Procedure and powers

279: Powers of Environment Judge sitting alone

You could also call this:

“What an Environment Judge can decide on their own”

When you are in front of an Environment Judge, they can make many types of orders. They can make orders about things like service, costs, and rehearings. They can also make orders under section 91 and about plans and policy statements.

An Environment Judge can exercise powers given by the Chief Environment Court Judge. They can also waive requirements or give directions under section 281. You can ask the Environment Judge to make an order to cancel or change an order made by a local authority under section 42.

The Environment Judge can strike out a case if they think it is frivolous or vexatious. They can also make orders about appeals under section 120. In these cases, the Environment Judge can exercise other powers of the Environment Court.

The Environment Judge’s powers are set out in the Resource Management Act 1991. You can find more information about these powers in section 280 and section 42 of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237780.

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

279Powers of Environment Judge sitting alone

  1. An Environment Judge sitting alone may make any of the following orders:

  2. an order in the course of proceedings:
    1. an order that is not opposed:
      1. an order in respect of a matter which the parties to the proceedings agree should be heard and decided by an Environment Judge sitting alone:
        1. an order giving directions as to service of anything:
          1. an order in any proceedings when the matter at issue is substantially a question of law only:
            1. an order made on the application of a party to proceedings directing that any proceedings should be heard and decided by an Environment Judge sitting alone because the matter at issue is substantially a question of law only:
              1. an order, in any proceedings where questions of law and other matters are raised, directing that any proceedings should be heard and decided by 1 Environment Judge and 1 Environment Commissioner sitting together:
                1. an order as to costs:
                  1. an order made on an application for a rehearing:
                    1. an order on any appeal against any requirement to pay an administrative charge:
                      1. a declaration relating to any inconsistency between a plan and a policy statement:
                        1. an order directing that any determination under section 91 (deferral pending application for additional consents) be revoked.

                          1. An Environment Judge sitting alone may—

                          2. exercise any powers conferred by the Chief Environment Court Judge that could have been conferred on an Environment Commissioner under section 280; and
                            1. waive a requirement or give a direction under section 281.

                              1. An Environment Judge sitting alone may, having regard to the matters set out in section 42 and to such other matters as the Environment Judge thinks fit,—

                              2. on an application made under section 42(4), and on such terms as the Judge thinks fit, make an order cancelling or varying any order made by a local authority under that section:
                                1. on an application made under section 42(5), and on such terms as the Judge thinks fit, make an order described in section 42(2) and having the same effect as an order made under section 42:
                                  1. on an application made at any stage of proceedings before the Environment Court, and on such terms as the Judge thinks fit, make an order described in section 42(2) and having the same effect as an order made under section 42—
                                      1. or may decline to make any such order.

                                    1. An Environment Judge sitting alone may, at any stage of the proceedings and on such terms as the Judge thinks fit, order that the whole or any part of that person's case be struck out if the Judge considers—

                                    2. that it is frivolous or vexatious; or
                                      1. that it discloses no reasonable or relevant case in respect of the proceedings; or
                                        1. that it would otherwise be an abuse of the process of the Environment Court to allow the case to be taken further.

                                          1. In the case of an appeal under section 120, in addition to exercising the powers conferred by subsections (1) to (4), an Environment Judge sitting alone may—

                                          2. exercise any other powers of the Environment Court that may be conferred by the Chief Environment Court Judge either generally or in relation to a particular matter; and
                                            1. exercise those powers on any terms and conditions that the Chief Environment Court Judge may think fit.

                                              Notes
                                              • Section 279 heading: amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                                              • Section 279 heading: amended, on , by section 134 of the Resource Management Amendment Act 1993 (1993 No 65).
                                              • Section 279(1): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                                              • Section 279(1)(c): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                                              • Section 279(1)(f): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                                              • Section 279(1)(fa): inserted, on , by section 134 of the Resource Management Amendment Act 1993 (1993 No 65).
                                              • Section 279(1)(fa): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                                              • Section 279(1)(fa): amended, on , pursuant to section 6(2)(c) of the Resource Management Amendment Act 1996 (1996 No 160).
                                              • Section 279(2): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                                              • Section 279(2)(a): amended, on , by section 78 of the Resource Management Amendment Act 2020 (2020 No 30).
                                              • Section 279(2)(a): amended, on , pursuant to section 6(2)(c) of the Resource Management Amendment Act 1996 (1996 No 160).
                                              • Section 279(3): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                                              • Section 279(3)(c): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                                              • Section 279(4): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                                              • Section 279(4)(c): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                                              • Section 279(5): inserted, on , by section 105 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                              • Section 279(5)(a): amended, on , by section 78 of the Resource Management Amendment Act 2020 (2020 No 30).
                                              • Section 279(5)(b): amended, on , by section 78 of the Resource Management Amendment Act 2020 (2020 No 30).