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Resource Management Act 1991

Proposals of national significance - How matter decided if direction made to refer matter to board of inquiry or court - Matter decided by Environment Court

149T: Matter referred to Environment Court

You could also call this:

“When the Minister sends a matter to the Environment Court, you must follow special steps to give documents to the court and others.”

If the Minister decides to send a matter to the Environment Court, this section applies. You need to lodge some documents with the court, including a notice of motion and a supporting affidavit, when the Minister makes a direction under section 142(2)(b) or 147(1)(b). The notice of motion says what you are asking the court to decide and why.

You must give a copy of these documents to the local authority and anyone who made a submission on the matter. You have to do this as soon as possible after lodging the documents with the court. You also need to tell the Registrar when you have given out the documents.

If the matter is about a change to a district plan, you may need to give the documents to other people as well, such as a requiring authority that made a requirement under clause 4 of Schedule 1. The court can also ask you to give the documents to other people at any time.

The court rules in section 274 apply to the notice of motion you lodge under this section, and if the matter is a change to a district plan proposed under clause 2 of Schedule 1, you must follow the rules carefully.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417789.

Topics:
Environment and resources > Town planning Government and voting > Local councils
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"The Minister can give a board more time to finish a report if needed."

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149U: Consideration of matter by Environment Court, or

"The Environment Court looks at and decides on important environmental matters sent to it, following special rules to make fair decisions."

Part 6AA Proposals of national significance
How matter decided if direction made to refer matter to board of inquiry or court: Matter decided by Environment Court

149TMatter referred to Environment Court

  1. This section applies if the Minister makes a direction under section 142(2)(b) or 147(1)(b) to refer a matter to the Environment Court for decision.

  2. The matter is referred to the Environment Court by the applicant lodging with the court—

  3. a notice of motion specifying the orders sought and the grounds on which the application is made; and
    1. a supporting affidavit on the circumstances giving rise to the application.

      1. The applicant must—

      2. serve a copy of the notice of motion and the affidavit on the local authority and, if applicable, every person who made a submission on the matter; and
        1. serve the documents as soon as is reasonably practicable after lodging them; and
          1. tell the Registrar when the documents have been served.

            1. If the matter is a change to a district plan proposed by a territorial authority under clause 2 of Schedule 1, or a variation to a proposed district plan, the applicant must also serve a copy of the notice of motion and affidavit on any requiring authority that made a requirement under clause 4 of Schedule 1 in respect of the change or variation.

            2. The court may at any time direct the applicant to serve a copy of the notice of motion and affidavit on any other person.

            3. Section 274 applies to a notice of motion lodged under this section.

            Notes
            • Section 149T: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).