Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Environment Court - Appeals from Environment Court decisions

303: Orders of the High Court

You could also call this:

“The High Court can ask the Environment Court to share information to help decide legal questions.”

The High Court can ask the Environment Court to give them certain things. These can include anything the Environment Court has, a report about their findings, or a report explaining their reasons for a decision.

You can ask the High Court to do this within 20 working days. If you’re the person appealing, you have 20 working days from when you file your appeal. If you’re someone else involved in the appeal, you have 20 working days from when you get a copy of the appeal notice.

The High Court will only ask for these things if they think it’s necessary to properly answer a legal question. They can also set conditions when they ask for these things.

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 It might be out of date or be missing some parts.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=DLM238292.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Crime and justice > Courts and legal help
Previous

302: Parties to the appeal before the High Court, or

“This explains who can be part of a court case when someone disagrees with what the Environment Court decided.”

Next

304: Dismissal of appeal, or

“The High Court can stop an appeal if the person who started it doesn't show up or doesn't work hard on it.”

Part 11 Environment Court
Appeals from Environment Court decisions

303Orders of the High Court

  1. The High Court may, on application to it or on its own motion, make an order directing the Environment Court to lodge with the Registrar of the High Court any or all of the following things:

  2. anything in the possession of the court:
    1. a report recording, in respect of any matter or issue the High Court may specify, any of the findings of fact of the court which are not set out in its decision or report and recommendation:
      1. a report setting out, so far as is reasonably practicable and in respect of any issue or matter the order may specify, any reasons or considerations to which the court had regard but which are not set out in its decision or report and recommendation.

        1. An application under subsection (1) shall be made—

        2. in the case of the appellant, within 20 working days after the date on which the notice of appeal is lodged; or
          1. in the case of any other party to the appeal, within 20 working days after the date of the service on him or her of a copy of the notice of appeal.

            1. The High Court may make an order under subsection (1) only if it is satisfied that a proper determination of a question of law so requires; and the order may be made subject to such conditions as the High Court thinks fit.

            Notes
            • Section 303(1): amended, on , by section 112 of the Resource Management Amendment Act 2005 (2005 No 87).
            • Section 303(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 303(1)(a): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 303(1)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
            • Section 303(1)(b): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 303(1)(c): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 303(3): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).