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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:

“What happens if you don't go to court or won't co-operate when asked to”

If you get a summons from an Environment Judge or an Environment Commissioner, you must go to the court and bring anything they ask for. You also have to answer questions and give evidence when you are at the court. You must swear to tell the truth when you give evidence. If you do not do these things without a good reason, you might get in trouble.

You do not have to go to the court if you did not get money for travelling, like witnesses do in civil cases under the District Court Act 2016. This money should be given to you when you get the summons or before the hearing. You need this money to help you get to the court.

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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.

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Crime and justice > Courts and legal help Environment and resources > Conservation Environment and resources > Town planning
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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).