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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:

“This law explains who can and can't complain about business rivals in environmental cases.”

In this part of the law, you need to know about three different people: person A, person B, and person C.

Person A is someone who competes in business with person B. They are trade competitors.

Person C is someone who gets help from person A. This help can be direct or indirect, and person C knows about it. Person C uses this help to do one of two things:

  1. They appeal against a decision that was in favour of person B.
  2. They join a case that person B started in the Environment Court.

The law mentions some specific sections where person B might start a case in the Environment Court. These are sections 87G, 149T, 165ZFE(9)(a)(ii), 198E, and 198K.

This part of the law is about identifying these different people and how they are connected in legal cases about resource management.

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 It might be out of date or be missing some parts.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

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

Topics:
Environment and resources > Conservation
Business > Industry rules
Business > Fair trading
Government and voting > Local councils
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308: Appeals to the Court of Appeal, or

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Part 11A Act 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).