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Resource Management Act 1991

Environment Court - Decisions of Environment Court

296: No review of decisions unless right of appeal or reference to inquiry exercised

You could also call this:

“You can't ask a judge to look at a decision again unless you've already tried to appeal it or had it checked by the Environment Court.”

You can’t ask for a review of a decision if you have the right to refer a matter to the Environment Court or appeal to the court, unless you’ve already used that right and the court has made a decision.

This rule applies to decisions made by local authorities, consent authorities, or any person under this Act or any other Act or regulation.

You can’t apply for a review under the Judicial Review Procedure Act 2016 or ask the High Court for certain types of orders or declarations about the decision.

This means you need to use your right to refer the matter or appeal first before you can seek any other kind of review or legal action about the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238263.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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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.”

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297: Decisions of court to be in writing, or

“The Environment Court must write down its decisions and sign them to make them official.”

Part 11 Environment Court
Decisions of Environment Court

296No review of decisions unless right of appeal or reference to inquiry exercised

  1. If there is a right to refer any matter for inquiry to the Environment Court or to appeal to the court against a decision of a local authority, consent authority or any person under this Act or under any other Act or regulation—

  2. no application for review under the Judicial Review Procedure Act 2016 may be made; and
    1. no proceedings seeking a writ of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction in relation to that decision, may be heard by the High Court—
        1. unless the right has been exercised by the applicant in the proceedings and the court has made a decision.

      Notes
      • Section 296: amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
      • Section 296(a): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).