Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Act not to be used to oppose trade competitors

308D: Limit on appealing under this Act

You could also call this:

“You can't use this law to stop others from doing business or to protect your own business.”

You can’t use this law to bring an appeal or be part of an appeal if your goal is to stop other people from competing with you in business. This means you can’t use the law to protect yourself from competition, to stop someone else from competing with you, or to scare them away from competing with you. This rule also applies to certain other legal proceedings mentioned in the law. The law is designed to make sure people don’t misuse it just to get an unfair advantage in business.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2421551.

Topics:
Environment and resources > Conservation
Environment and resources > Climate and energy
Environment and resources > Town planning
Business > Fair trading
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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”

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308E: Prohibition on using surrogate, or

“You can't use someone else to help fight against another person's decision in court or in environmental cases.”

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

308DLimit on appealing under this Act

  1. Person A must not bring an appeal, or be a party to an appeal, under this Act, or become a party to a proceeding under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K, for any of the following purposes:

  2. protecting person A from trade competition:
    1. preventing person B from engaging in trade competition:
      1. deterring person B from engaging in trade competition.

        Notes
        • Section 308D: inserted, on , by section 135 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
        • Section 308D: amended, on , by section 50 of the Resource Management Amendment Act 2013 (2013 No 63).