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Resource Management Act 1991

Environment Court - Court's powers in regard to plans and policy statements

294: Review of decision by court

You could also call this:

“The court can look at a case again if there's new information or things have changed.”

The Environment Court can order a new hearing of a case if new and important evidence comes up or if things have changed in a way that might have affected their decision. This means they can look at the case again if they need to.

If you were part of the case, you can ask the court for a new hearing if you think there’s a good reason. The court will listen to what you have to say and decide if they should have another hearing. They might set some rules for the new hearing if they agree to have one.

When the court makes a decision after a new hearing, it’s just as important as the decision they made the first time. The new decision replaces the old one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238256.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
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“The Environment Court decides on appeals and requests about special coastal areas.”

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295: Environment Court decisions are final, or

“The Environment Court's decisions are usually the last word, except in special cases.”

Part 11 Environment Court
Court's powers in regard to plans and policy statements

294Review of decision by court

  1. Where, after any decision has been given by the Environment Court, new and important evidence becomes available or there has been a change in circumstances that in either case might have affected the decision, the court shall have power to order a rehearing of the proceedings on such terms and conditions as it thinks reasonable.

  2. Any party may apply to the court on any of those grounds for a rehearing of the proceedings; and in any such case the court, after notice to the other parties concerned and after hearing such evidence as it thinks fit, shall determine whether and (if so) on what conditions the proceedings shall be reheard.

  3. The decision of the court on any such proceedings shall have the same effect as a decision of the court on the original proceedings.

Notes
  • Section 294 heading: amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 294(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 294(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 294(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).