Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Act not to be used to oppose trade competitors

308C: Limit on representation at appeals

You could also call this:

"Who can take part in an Environment Court appeal about decisions that affect the environment"

When you want to be part of an appeal to the Environment Court, you need to meet certain conditions. You can only be part of the appeal if the decision being appealed directly affects you in a way that harms the environment. The effect on you must not be related to competing with others in business or the results of that competition, as stated in the appeal process under section 274.

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 It might be out of date or be missing some parts.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

This page was last updated on

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 > ConservationEnvironment and resources > Town planning
Previous

308B: Limit on making submissions, or

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

Next

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 11AAct 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).