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Resource Management Act 1991

Act not to be used to oppose trade competitors

308C: Limit on representation at appeals

You could also call this:

“You can only join a court case about the environment if you're directly affected, not just to stop a business rival.”

This law is about who can be involved in appeals to the Environment Court. It applies when you want to join an appeal against a decision that favoured someone else. You can only join if you’re directly affected by the appeal in a way that harms the environment. However, you can’t join just because you’re worried about trade competition. The law aims to stop people from using environmental appeals to fight their business rivals.

If you want to be part of an appeal, you need to show that you have more interest in it than the general public does. But that’s not enough on its own. The appeal must also directly affect you in a way that’s bad for the environment. If it’s just about trade competition or how trade competition affects things, you can’t join the appeal.

This rule helps make sure that appeals to the Environment Court focus on environmental issues, not on business disagreements between competitors.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2421550.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Crime and justice > Courts and legal help
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“You can only comment on plans if the activity directly affects you, not just because of business competition.”

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308CA: Limit on representation at proceedings as party under section 274, or

“Rules about who can join a court case about the environment, making sure it's not about business competition”

Part 11A Act not to be used to oppose trade competitors

308CLimit on representation at appeals

  1. This section applies when person A wants to be a party under section 274 to an appeal to the Environment Court against a decision under this Act in favour of person B, on the ground that person A has an interest in the proceedings that is greater than the interest that the general public has.

  2. Person A may be a party to the appeal only if directly affected by an effect of the subject matter of the appeal that—

  3. adversely affects the environment; and
    1. does not relate to trade competition or the effects of trade competition.

      Notes
      • Section 308C: inserted, on , by section 135 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).