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Resource Management Act 1991

Environment Court - Procedure and powers

287: Reference of questions of law to High Court

You could also call this:

"Asking the High Court for help with tricky law questions in environment cases"

The Environment Court can ask the High Court for its opinion on a question of law. You can think of the Environment Court like a special court that deals with issues related to the environment. The High Court is another court that can help answer tricky questions about the law.

When the Environment Court asks for the High Court's opinion, it can either finish the case it is working on or wait until the High Court gives its opinion. The Environment Court will write down the question it wants the High Court to answer and send it to the High Court. An Environment Judge is a person who helps make decisions in the Environment Court, and they will sign the question before it is sent to the High Court.

The Environment Court can ask the High Court when it will answer the question, after telling the people involved in the case that it plans to do so. The High Court has many offices, and the Environment Court will send the question to the office that is closest to where the case is being heard. This office is called the "appropriate registry of the High Court", which is a fancy way of saying the nearest High Court office.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238219.

Topics:
Environment and resources > ConservationCrime and justice > Courts and legal help
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Part 11Environment Court
Procedure and powers

287Reference of questions of law to High Court

  1. The Environment Court may, in any proceedings before it, state a case for the opinion of the High Court on any question of law that arises in those proceedings; and for that purpose may either conclude the proceedings subject to that opinion, or adjourn them until after that opinion has been given.

  2. The case shall be settled and signed by an Environment Judge and sent to the Registrar at the appropriate registry of the High Court.

  3. The settling and signing of the case by an Environment Judge is deemed to be the statement of the case by the court.

  4. The Environment Court may, in relation to any case stated under this section, after giving notice to the parties of its intention to do so, request the Registrar at the appropriate registry of the High Court for a fixture for the determination of the case.

  5. For the purposes of this section, the appropriate registry of the High Court is the office of the High Court nearest to the place where the appeal, inquiry, or other proceedings was or is being conducted.

Notes
  • Section 287(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
  • Section 287(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 287(2): amended, on , by section 105(1) of the Resource Management Amendment Act 2005 (2005 No 87).
  • Section 287(2): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 287(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 287(3): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 287(4): amended, on , by section 105(2) of the Resource Management Amendment Act 2005 (2005 No 87).
  • Section 287(4): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 287(5): replaced, on , by section 105(3) of the Resource Management Amendment Act 2005 (2005 No 87).