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:

“People who can't agree on something can ask a special court to let them use a different way to solve their problem.”

You can use arbitration to resolve disagreements about matters in this Act if everyone involved agrees. To do this, you need to ask the Environment Court for permission. The court will decide if arbitration is appropriate and set the terms.

However, you can’t use arbitration for some things. These include matters about requirements, designations, or heritage orders. You also can’t use it for resource consent applications that the Minister has given special directions on, or for proposed regional policy statements or coastal plans.

If the court allows arbitration, you can’t start or continue an appeal about the same matter without the court’s permission.

The arbitrator has the same powers as the original decision-maker. They can confirm, change, or cancel the original decision.

You can still use arbitration for other disputes under this Act, even if they’re not covered by these rules.

The arbitrator makes decisions like the original authority would. They can keep the decision the same, change it, or cancel it.

Remember, you can still use arbitration for other disagreements under this Act, even if they’re not mentioned here.

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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
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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).