Resource Management Act 1991

Act not to be used to oppose trade competitors

308A: Identification of trade competitors and surrogates

You could also call this:

"Who are trade competitors and how do they affect each other in law?"

When you are looking at this part of the law, there are some important words you need to know. You will see the term person A, which means someone who is a trade competitor of person B. Person B is the person that person A is competing with.

There is also person C, who is someone getting help from person A. This help is so person C can appeal a decision made under this Act that favours person B. Person C might also get help to be part of a proceeding before the Environment Court that person B started under sections like section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K.

You should understand that these people and their relationships are important in this part of the law. When person A is competing with person B, and person C is getting help from person A, it can affect how the law is applied. This is why it is good that you know what these terms mean.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2421545.


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308: Appeals to the Court of Appeal, or

"Appealing a High Court decision to a higher court"


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308B: Limit on making submissions, or

"Rules for speaking up about someone else's plan that affects you and the environment"

Part 11AAct not to be used to oppose trade competitors

308AIdentification of trade competitors and surrogates

  1. In this Part,—

  2. person A means a person who is a trade competitor of person B:
    1. person B means the person of whom person A is a trade competitor:
      1. person C means a person who has knowingly received, is knowingly receiving, or may knowingly receive direct or indirect help from person A—
        1. to bring an appeal or be a party to an appeal against a decision under this Act in favour of person B:
          1. to be a party to a proceeding before the Environment Court that was lodged by person B under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K.
          Notes
          • Section 308A: inserted, on , by section 135 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 308A(c): replaced, on , by section 48 of the Resource Management Amendment Act 2013 (2013 No 63).