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Resource Management Act 1991

Declarations, enforcement, and ancillary powers

309: Proceedings to be heard by an Environment Judge

You could also call this:

"Environment cases are heard by a special judge called an Environment Judge"

Illustration for Resource Management Act 1991

When you are involved in a case about the environment, it will be heard by an Environment Judge or the Environment Court. This happens for cases about declarations, enforcement orders, and abatement notices, which are explained in sections 310 to 319 and sections 321 to 325. The Environment Judge or Court makes the decisions.

If the case is about an interim enforcement order, which is explained in section 320, it can be heard by an Environment Judge or in the District Court. In the District Court, a District Court Judge who is also an Environment Judge will usually hear the case, unless the Chief District Court Judge says otherwise. This is how the system works for these types of cases.

For cases about offences, which are explained in section 338, they are heard in the District Court. A District Court Judge who is also an Environment Judge will usually hear the case, unless the Chief District Court Judge says otherwise. You need to know which court will hear your case.

There is something called a protected customary right, which is not covered by this part of the law. However, some parts of the law, explained in sections 310 to 313 and sections 330 to 331, do apply to protected customary rights. This is an important exception to know about.

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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 > ConservationGovernment and voting > Government departmentsMāori affairs > Māori land
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Part 12Declarations, 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).