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Resource Management Act 1991

Environment Court - Procedure and powers

281: Waivers and directions

You could also call this:

“Asking the court to change or ignore a rule, or to give instructions on what to do”

You can ask the Environment Court to waive a rule or give a direction about something. You might want to waive a rule about when something needs to be done or how it needs to be served. The Environment Court can also give a direction about where something needs to be served.

The Environment Court will only grant your application if it thinks no one will be unfairly affected. If you want to waive a rule about when something needs to be lodged with the court, the Environment Court will only grant your application if everyone agrees or if those who do not agree will not be unfairly affected.

A Registrar can make some decisions if the Chief Environment Court Judge says they can. The Environment Court can waive a time limit even if you do not ask them to, as long as it does not unfairly affect anyone.

You can ask the Environment Court to waive a rule about giving notice under section 274 that you want to be part of the proceedings. The Environment Court can give a direction about what information needs to be supplied and when. The Environment Court can also give a direction about the terms of supplying information, including costs and adjournments.

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

281Waivers and directions

  1. A person may apply to the Environment Court to—

  2. waive a requirement of this Act or another Act or a regulation about—
    1. the time within which anything shall be served; or
      1. the time within which an appeal or submission to the Environment Court must be lodged; or
        1. the time within which a person must give notice under section 274 that the person wishes to be a party to the proceedings; or
          1. the method of service; or
            1. the documents that shall be served; or
              1. the persons on whom anything shall be served; or
                1. the information, or the accuracy of information, that shall be supplied; or
                2. give a direction about—
                  1. the time within which or the method by which anything is to be served; or
                    1. what shall be served, whether or not the direction complies with this Act or any other Act or a regulation; or
                      1. the terms, including terms as to adjournment, costs, or other things, on which any information shall be supplied.

                      2. The Environment Court shall not grant an application under this section unless it is satisfied that none of the parties to the proceedings will be unduly prejudiced.

                      3. Without limiting subsection (2), the Environment Court shall not grant an application under this section to waive a requirement as to the time within which anything shall be lodged with the court (to which subsection (1)(a)(ii) applies) unless it is satisfied that—

                      4. the appellant or applicant and the respondent consent to that waiver; or
                        1. any of those parties who have not so consented will not be unduly prejudiced.

                          1. Without limiting subsections (2) and (3), the Environment Court may waive a requirement as to time under this section whether or not an application is made under this section before the requirement has been breached.

                          2. A Registrar may exercise a power in this section if conferred by the Chief Environment Court Judge either generally or in relation to a specific matter and, in either case, on such terms and conditions as the Chief Environment Court Judge thinks fit.

                          Notes
                          • Section 281(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                          • Section 281(1)(a)(ii): replaced, on , by section 79 of the Resource Management Amendment Act 2003 (2003 No 23).
                          • Section 281(1)(a)(iia): inserted, on , by section 79 of the Resource Management Amendment Act 2003 (2003 No 23).
                          • Section 281(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                          • Section 281(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                          • Section 281(4): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                          • Section 281(5): inserted, on , by section 103 of the Resource Management Amendment Act 2005 (2005 No 87).
                          • Section 281(5): amended, on , by section 80 of the Resource Management Amendment Act 2020 (2020 No 30).