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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:

“What an Environment Commissioner can do when working alone to help make decisions about the environment.”

When an Environment Commissioner is working without an Environment Judge, they can do certain things. The Chief Environment Court Judge decides what these things are. The Environment Commissioner can issue a summons, which is like a formal invitation to come to court. They can also convene a conference under section 267.

If someone is appealing a decision under section 120, the Environment Commissioner can do some things. They can exercise powers that an Environment Judge can do after a conference under section 267. The Environment Commissioner can take a declaration or an affidavit, which is a written statement that is sworn to be true.

If you are involved in a case and the Environment Commissioner makes a decision, you can ask an Environment Judge to review it. You have to ask within 15 working days of the decision being made. If the Environment Judge says yes, you can then ask the Environment Court to review the decision. You have to do this within 7 working days of the Environment Judge saying yes. The Environment Court can then change or cancel the Environment Commissioner’s decision and make new orders.

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Topics:
Environment and resources > Conservation Environment and resources > Town planning
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279: Powers of Environment Judge sitting alone, or

"What an Environment Judge can decide on their own"

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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).