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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:

“Asking the court to rethink its decision”

If you are involved in a case with the Environment Court and they make a decision, you might be able to get them to look at it again. This can happen if new and important evidence comes up or if something changes that could have affected the decision. The court can then decide to rehear the case, which means they will look at it again.

You can ask the court to rehear the case if you think new evidence or a change in circumstances is important. The court will listen to what you have to say and might hear more evidence before deciding what to do. They will let the other people involved know what is happening and give them a chance to say something too.

If the court does decide to rehear the case, their new decision will be just as important as their first one.

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This page was last updated on

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 > Town planning Crime and justice > Courts and legal help
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295: Environment Court decisions are final, or

"The Environment Court's decision is final, unless you appeal or it gets reheard."

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).