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289: Reply to appeal or request for inquiry
or “Explaining how to respond when someone challenges a decision or asks for an investigation”
You could also call this:

“The Environment Court can make decisions about appeals and inquiries, just like the person who made the original decision.”

The Environment Court has the same powers as the person who made the original decision when dealing with appeals and inquiries. This means the court can do everything the original decision-maker could do.

When you appeal a decision, the Environment Court can agree with it, change it, or cancel it completely. They have the power to choose any of these options.

For inquiries, the Environment Court can suggest that a decision be kept the same, changed, or cancelled. They give recommendations rather than making the final choice.

It’s important to know that the Environment Court might have other special powers or duties. These could come from this law or other laws and rules. This section doesn’t change or limit those other powers.

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Next up: 290AA: Powers of court in regard to certain appeals under clause 14 of Schedule 1

or “The Environment Court can only look at legal questions for certain appeals about things the government puts in planning documents.”
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Part 11 Environment 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).