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286: Enforcing orders for costs
or “How to make someone pay for court costs when the Environment Court says they should”
You could also call this:

“The Environment Court can ask the High Court to help answer tricky law questions that come up during a case.”

If you’re in the Environment Court and a tricky legal question comes up, the court can ask the High Court for help. Here’s how it works:

The Environment Court can pause the case and ask the High Court to answer a legal question. They might finish the case based on what the High Court says, or wait until they get an answer before continuing.

An Environment Judge writes down the question and signs it. Then they send it to the person in charge at the nearest High Court.

When the Environment Judge signs the question, it’s like the whole court is asking it.

The Environment Court can also ask the High Court to set a date to look at the question. They have to tell everyone involved in the case before they do this.

The High Court they use is usually the one closest to where the case is happening.

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Next up: 288: Privileges and immunities

or “People who speak or help at special court meetings are protected like they are in regular court”
Next

Part 11 Environment 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).