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Resource Management Act 1991

Environment Court - Procedure and powers

280: Powers of Environment Commissioner sitting without Environment Judge

You could also call this:

“Environment Commissioners can make some decisions without a judge, but these can be reviewed.”

The Chief Environment Court Judge can give special powers to Environment Commissioners when they are working without an Environment Judge. These powers might include asking witnesses to come to court and setting up meetings to discuss cases.

If a case is about an appeal under section 120, Environment Commissioners can use some of the same powers as an Environment Judge. They can do this after a meeting about the case, and they must follow any rules the Environment Judge sets.

An Environment Commissioner can take a declaration or an affidavit from someone.

If you don’t agree with what an Environment Commissioner decides, you can ask an Environment Judge for permission to have the full Environment Court look at the decision again. You need to ask for this within 15 working days.

If the Environment Judge says yes, you then have 7 more working days to ask the full Environment Court to review the decision.

When the Environment Court reviews a decision, they can change it or cancel it. They can also make other orders if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237785.

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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.”

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281: Waivers and directions, or

“The Environment Court can change or waive rules about timing and paperwork to help make the legal process easier and fairer for everyone involved.”

Part 11 Environment Court
Procedure and powers

280Powers of Environment Commissioner sitting without Environment Judge

  1. An Environment Commissioner or Environment Commissioners sitting without an Environment Judge may exercise such powers as may be conferred by the Chief Environment Court Judge either generally or in relation to a particular matter, and on such terms and conditions as the Chief Environment Court Judge may think fit, including a power to—

  2. issue summonses requiring the attendance of witnesses; and
    1. convene a conference under section 267.

      1. If proceedings relate to an appeal under section 120, 1 or more Environment Commissioners sitting without an Environment Judge may,—

      2. in relation to a particular matter, exercise any of the powers conferred by section 279(1) to (4) on an Environment Judge sitting alone that may be conferred by the Environment Judge after a conference held under section 267 in relation to that matter; and
        1. exercise the powers referred to in paragraph (a) on any terms and conditions that the Environment Judge may think fit.

          1. Repealed

          2. An Environment Commissioner may take a declaration or an affidavit.

          3. Any party may, within 15 working days of the exercise of any power under this section, apply in writing to an Environment Judge for leave to make an application for a review of the exercise of that power by a fully constituted Environment Court.

          4. If leave is granted by an Environment Judge, the party may, within a further 7 working days, apply in writing for a review of the exercise of that power by a fully constituted Environment Court.

          5. The Environment Court, on any such review, may substitute or set aside the Environment Commissioner's decision and make such further or other orders as the case may require.

          Notes
          • Section 280 heading: amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 280 heading: amended, on , pursuant to section 6(2)(c) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 280(1): replaced, on , by section 102 of the Resource Management Amendment Act 2005 (2005 No 87).
          • Section 280(1): amended, on , by section 79 of the Resource Management Amendment Act 2020 (2020 No 30).
          • Section 280(1AA): inserted, on , by section 106(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 280(1A): repealed, on , by section 106(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 280(1B): inserted, on , by section 102 of the Resource Management Amendment Act 2005 (2005 No 87).
          • Section 280(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 280(2): amended, on , by section 15(3) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 280(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 280(3): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 280(4): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 280(4): amended, on , pursuant to section 6(2)(c) of the Resource Management Amendment Act 1996 (1996 No 160).