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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 for information to help make a decision about an appeal."

The High Court can tell the Environment Court to send it some things. You might need to see these things to understand a decision. The High Court can ask for things like a report on certain findings.

If you want to ask the High Court to do this, you must apply within a certain time. You have 20 working days to apply if you are the person appealing a decision. Other people involved in the appeal also have 20 working days to apply, but their time starts when they get a copy of the appeal notice.

The High Court will only make this order if it needs to understand a question of law. It can also add conditions to the order, which are like rules that must be followed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238292.

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Part 11Environment 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).