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Resource Management Act 1991

Environment Court - Appeals, inquiries, and other proceedings before Environment Court

290AA: Powers of court in regard to certain appeals under clause 14 of Schedule 1

You could also call this:

“The Environment Court can only look at legal questions for certain appeals about things the government puts in planning documents.”

When you appeal to the Environment Court about something in a document that was added under section 55(2B), the court can only look at questions about the law. This means they can’t consider other issues or facts, just whether the law was applied correctly. This rule applies when the appeal is made under clause 14(1) of Schedule 1. The court’s power is limited in these cases to make sure they only deal with legal matters related to these specific documents.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2421519.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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290: Powers of court in regard to appeals and inquiries, or

“The Environment Court can make decisions about appeals and inquiries, just like the person who made the original decision.”

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290A: Environment Court to have regard to decision that is subject of appeal or inquiry, or

“The Environment Court must consider the original decision when making its own ruling.”

Part 11 Environment Court
Appeals, inquiries, and other proceedings before Environment Court

290AAPowers of court in regard to certain appeals under clause 14 of Schedule 1

  1. The Environment Court, when hearing an appeal under clause 14(1) of Schedule 1 relating to a matter included in a document under section 55(2B), may consider only the question of law raised.

Notes
  • Section 290AA: inserted, on , by section 132 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).