Resource Management Act 1991

Environment Court - Appeals, inquiries, and other proceedings before Environment Court

290: Powers of court in regard to appeals and inquiries

You could also call this:

"The court's job is to make fair decisions about appeals and inquiries, like a referee."

The Environment Court has the same power as the person who made the decision you are appealing against. You can think of the Environment Court like a referee who makes sure decisions are fair. The Environment Court can confirm, amend, or cancel a decision that is being appealed.

The Environment Court can also make recommendations about a decision that is being looked into. This means they can suggest whether the decision should be confirmed, amended, or cancelled. The Environment Court's powers are not limited by this section, and they can use any other powers they have under the Resource Management Act or other laws.

Nothing in this section affects the Environment Court's specific powers or duties under this Act or any other Act or regulation. This means the Environment Court can still use all its usual powers to make decisions. You can find more information about the Resource Management Act and the Environment Court's powers by looking at the Act itself.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238236.


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"Responding to an appeal or request to investigate something"


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Part 11Environment Court
Appeals, inquiries, and other proceedings before Environment Court

290Powers of court in regard to appeals and inquiries

  1. The Environment Court has the same power, duty, and discretion in respect of a decision appealed against, or to which an inquiry relates, as the person against whose decision the appeal or inquiry is brought.

  2. The Environment Court may confirm, amend, or cancel a decision to which an appeal relates.

  3. The Environment Court may recommend the confirmation, amendment, or cancellation of a decision to which an inquiry relates.

  4. Nothing in this section affects any specific power or duty the Environment Court has under this Act or under any other Act or regulation.

Notes
  • Section 290 heading: amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 290(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 290(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 290(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 290(4): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).