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Resource Management Act 1991

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

291: Other proceedings before court

You could also call this:

“This part explains how people can start a case in the Environment Court and what they need to do.”

When you want to start a case in the Environment Court, you need to do it by something called a notice of motion. This notice is like a letter that tells the court what you want them to do and why. You also need to say who else needs to know about your case. Along with this notice, you need to write down all the important facts about your case in a special document called an affidavit.

After you give your notice to the court, you need to quickly send copies of your notice and affidavit to the other people involved in the case. You also need to tell the court that you’ve done this.

Sometimes, a judge might tell you to send your notice and affidavit to other people too, even if they weren’t originally part of the case.

If someone gets your notice and wants to have a say in the case, they need to tell the court and you within 15 working days. They need to use a special form to do this, and they should explain what they want to say about the case.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238240.

Topics:
Environment and resources > Conservation
Environment and resources > Climate and energy
Environment and resources > Town planning
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Part 11 Environment Court
Appeals, inquiries, and other proceedings before Environment Court

291Other proceedings before court

  1. Except as otherwise provided in this Act, or any other Act, or regulation, every originating application to the Environment Court shall be made by notice of motion. The notice of motion shall specify the order sought, the grounds upon which the application is made, and the persons upon whom the notice is to be served. Every notice of motion shall be supported by an affidavit as to the matters giving rise to the application.

  2. The applicant shall as soon as reasonably practicable after lodging a notice of motion with the Registrar, serve copies of the notice and affidavit upon such persons, if any, as are parties to the application and advise the Registrar accordingly.

  3. An Environment Judge may at any time direct the applicant to serve a copy of the notice of motion and affidavit upon any other person.

  4. Every person upon whom a notice of motion has been served shall, if he or she desires to be heard on the application, within 15 working days after the date of service upon him or her, give written notice in the prescribed form to the Registrar and the applicant of his or her desire to be heard and of the matters he or she wishes to advance.

Notes
  • Section 291 heading: amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 291(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 291(3): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).