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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Declarations

311: Application for declaration

You could also call this:

“Asking the Environment Court to Make a Decision”

You can apply to the Environment Court for a declaration at any time, as long as you use the prescribed form. The Environment Court is a special court that deals with environmental issues. You need to follow the rules when applying for a declaration.

You cannot apply to the Environment Court for a declaration about someone breaking the rules of a resource consent if you are not the consent authority, the EPA, or the Minister. A resource consent is like a permission to do something that might affect the environment.

There are also rules about who can apply for a declaration under section 310(e), which you can find by looking at the section 310(e) information. Only a local authority, consent authority, or the Minister of Conservation can apply for this type of declaration.

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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 Environment and resources > Town planning Government and voting > Local councils
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310: Scope and effect of declaration, or

"What a declaration means for your rights and duties under the Resource Management Act"

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312: Notification of application, or

"Telling people who will be affected by your application"

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).