Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Miscellaneous provisions

356: Matters may be determined by arbitration

You could also call this:

“Some disagreements can be solved by a neutral person making a decision, with everyone's agreement.”

If you cannot agree with someone about a matter under the Resource Management Act 1991, you can ask the Environment Court to let you solve the problem using arbitration. This means a neutral person, called an arbitrator, will make a decision for you. The Environment Court can choose the terms and conditions for the arbitration, which will be done under the Arbitration Act 1908. You can only do this if everyone involved agrees to it. The arbitrator has the same powers as the person who made the original decision, and they can confirm, amend, or cancel that decision.

There are some matters that you cannot solve using arbitration, such as requirements, designations, or heritage orders. You also cannot use arbitration for matters related to a resource consent application if the Minister has made a direction under section 141C. Additionally, you cannot use arbitration for proposed regional policy statements or proposed regional coastal plans.

If the Environment Court agrees to arbitration, you will need their permission to appeal the decision. The arbitrator’s decision is final, unless the Environment Court says otherwise. You still have the right to refer any disputed matter to arbitration, unless the law says otherwise.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239334.

Topics:
Environment and resources > Town planning Government and voting > Local councils
Previous

355B: Enforcement powers against unlawful reclamations, or

"The government can take action if someone builds on the beach without permission."

Next

357: Right of objection against certain decisions, or

"Objecting to decisions you don't agree with"

Part 14 Miscellaneous provisions

356Matters may be determined by arbitration

  1. Except as provided in subsection (2), where—

  2. any persons are unable to agree about any matter in respect of which any of those persons has a right of appeal under this Act; and
    1. every person who has such a right of appeal agrees—
        1. any of those persons may apply to the Environment Court for an order authorising the matter to be determined by arbitration, under the Arbitration Act 1908, on such terms and conditions as the court considers appropriate.

      1. No person may apply to the Environment Court for an order under subsection (1) in relation to any of the following matters:

      2. any matter relating to a requirement, designation, or heritage order:
        1. any matter relating to an application for a resource consent in respect of which the Minister has made a direction under section 141C:
          1. any matter relating to a proposed regional policy statement or proposed regional coastal plan.

            1. Where an order under subsection (1) is made no person may, in relation to the matter to which the order relates, lodge or proceed with any appeal without the leave of the court.

            2. Subject to the terms of any order made under subsection (1), the arbitrator has the same powers, duties, and discretions in respect of any decision to which the order relates as the consent authority who made that decision; and may, in his or her award, confirm, amend, or cancel any such decision accordingly.

            3. Except as otherwise expressly provided, nothing in this section shall limit the right of any persons to refer to arbitration any disputed matter arising under this Act.

            4. Repealed
            Notes
            • Section 356(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 356(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 356(2)(b): amended, on , by section 123 of the Resource Management Amendment Act 2005 (2005 No 87).
            • Section 356(3): amended, on , by section 86(1) of the Resource Management Amendment Act 2003 (2003 No 23).
            • Section 356(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 356(6): repealed, on , by section 86(2) of the Resource Management Amendment Act 2003 (2003 No 23).