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Resource Management Act 1991

Environment Court - Procedure and powers

283: Non-attendance or refusal to co-operate

You could also call this:

“People must show up and cooperate in court unless they have a good reason or weren't given money for travel”

You must not do certain things without a good reason when you are involved in a court case about managing resources. These things include:

  1. Not showing up when an Environment Judge or Environment Commissioner asks you to come, or not bringing something they told you to bring.

  2. Refusing to promise to tell the truth or give information in court.

  3. Not answering questions that someone from the court asks you during the case.

However, you don’t have to do these things if you weren’t given money for your travel expenses. The court should give you this money either when they tell you to come or some time before the court case. The amount of money should be the same as what witnesses in other types of court cases get.

The rules about travel money are explained in another law called the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238207.

Topics:
Crime and justice > Courts and legal help
Environment and resources > Conservation
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282: Application of Contempt of Court Act 2019, or

“This explains how rules about behaving properly in court also apply to the Environment Court.”

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284: Witnesses' allowances, or

“People who come to court to give information get money for their travel and food.”

Part 11 Environment Court
Procedure and powers

283Non-attendance or refusal to co-operate

  1. Except as provided in subsection (2), no person shall, without reasonable cause—

  2. fail to appear in accordance with a summons issued by an Environment Judge or an Environment Commissioner, or fail to produce anything that he or she is required to produce by such a summons; or
    1. refuse to be sworn or give evidence at proceedings before the court; or
      1. refuse to answer any questions put by a member of the court during proceedings before the court.

        1. A person need not comply with subsection (1) if he or she was not given travelling expenses in accordance with the scale for witnesses in civil cases under the District Court Act 2016 either—

        2. at the time the summons was served; or
          1. at some reasonable time before the hearing.

            Notes
            • Section 283(1)(a): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 283(1)(a): amended, on , pursuant to section 6(2)(c) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 283(1)(b): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 283(1)(c): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 283(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).