Resource Management Act 1991

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

291: Other proceedings before court

You could also call this:

"Going to the Environment Court: How to Make an Application"

When you want to make an application to the Environment Court, you usually do this by giving a notice of motion. You need to say what order you are asking for, why you are making the application, and who you will serve the notice on. You also need to give an affidavit, which is a sworn statement, about the reasons for your application. You must serve a copy of the notice and affidavit to the people involved in your application as soon as possible. An Environment Judge can tell you to serve a copy of the notice and affidavit to someone else at any time. If someone is served with a notice of motion and they want to be heard, they must tell the Registrar and you in writing within 15 working days, using the correct form, and say what they want to talk about.

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


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Part 11Environment 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).