Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Declarations, enforcement, and ancillary powers

309: Proceedings to be heard by an Environment Judge

You could also call this:

“A special judge decides on cases about breaking environmental rules and protecting nature.”

When you need to deal with certain legal matters about the environment, an Environment Judge or the Environment Court will listen to your case. This includes things like declarations, enforcement orders, and notices to stop activities that might harm the environment.

If you need a quick order to stop something right away, either an Environment Judge or a special judge in the District Court can hear your case. This special judge is called an Environment Judge too.

If someone breaks environmental laws, their case will be heard in the District Court. Usually, a judge who knows about environmental laws will handle these cases.

These rules don’t apply to protected customary rights, which are special rights that some groups have. But some parts of the law still affect these rights, like the rules about declarations and enforcement orders.

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 It might be out of date or be missing some parts.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=DLM238505.

Topics:
Environment and resources > Conservation
Crime and justice > Courts and legal help
Previous

308I: Proceedings for damages in High Court, or

“If someone gets special permission from the court, they can ask for money if they were hurt by another person's actions.”

Next

310: Scope and effect of declaration, or

“This explains what can be officially declared about how the law works and what actions are allowed or not allowed.”

Part 12 Declarations, enforcement, and ancillary powers

309Proceedings to be heard by an Environment Judge

  1. All proceedings under sections 310 to 319, and 321 to 325 (which relate to declarations, enforcement orders, and abatement notices) shall be heard by an Environment Judge sitting alone or by the Environment Court.

  2. Proceedings under section 320 (which relates to interim enforcement orders) shall be heard either by an Environment Judge sitting alone or—

  3. in the District Court; and
    1. except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is an Environment Judge.

      1. All proceedings under section 338 (which relates to offences) shall be heard—

      2. in the District Court; and
        1. except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is also an Environment Judge.

          1. This Part does not apply to a protected customary right.

          2. However, sections 310 to 313 and sections 330 to 331 apply to the exercise of a protected customary right.

          Notes
          • Section 309 heading: amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 309(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 309(1): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 309(2): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 309(2)(b): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 309(3)(b): amended, on , pursuant to section 6(2)(b) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 309(4): inserted, on , by section 30 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
          • Section 309(4): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
          • Section 309(5): inserted, on , by section 30 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
          • Section 309(5): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).