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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Declarations

311: Application for declaration

You could also call this:

“This explains how people can ask the court to make an official statement about environmental rules.”

You can ask the Environment Court for a declaration at any time. You need to use a special form to do this.

There are some rules about who can ask for certain types of declarations:

If you’re not the consent authority, the EPA, or the Minister, you can’t ask for a declaration about someone breaking the rules of their resource consent. This includes rules about using the best way to avoid or reduce bad effects from discharges.

Only local authorities, consent authorities, or the Minister of Conservation can ask for a declaration about section 310(e).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238519.

Topics:
Environment and resources > Conservation
Government and voting > Local councils
Crime and justice > Courts and legal help
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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.”

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312: Notification of application, or

“When someone asks for a legal decision, they must tell everyone affected within 5 working days”

Part 12 Declarations, enforcement, and ancillary powers
Declarations

311Application for declaration

  1. Subject to subsections (2) and (3), any person may at any time apply to the Environment Court in the prescribed form for a declaration.

  2. No person (other than the consent authority, the EPA, or the Minister) may apply to the Environment Court for a declaration that a consent holder or any other person is contravening any condition of a resource consent or a rule in a plan or proposed plan that requires the holder to adopt the best practicable option to avoid or minimise any adverse effect of the discharge to which the consent or rule relates.

  3. No person (other than a local authority, consent authority, or the Minister of Conservation) may apply to the Environment Court for a declaration under section 310(e).

Notes
  • Section 311(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 311(2): amended, on , by section 83 of the Resource Management Amendment Act 2020 (2020 No 30).
  • Section 311(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 311(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
  • Section 311(3): amended, on , by section 139 of the Resource Management Amendment Act 1993 (1993 No 65).