Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Act not to be used to oppose trade competitors

308E: Prohibition on using surrogate

You could also call this:

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

You must not help someone else to challenge a decision made under this law that was in favour of another person. This rule applies whether you’re trying to help directly or indirectly. You can’t assist someone to appeal against the decision or to be part of an appeal. You also can’t help someone to be involved in a case at the Environment Court that was started by the person who got the favourable decision. This includes cases that were started under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K. The law wants to stop people from using others to fight their battles in these situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2421552.

Topics:
Environment and resources > Conservation
Crime and justice > Courts and legal help
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308D: Limit on appealing under this Act, or

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

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308F: Surrogate must disclose status, or

“You must tell the court if someone is secretly helping you fight against a decision”

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

308EProhibition on using surrogate

  1. Person A must not, for any of the purposes in section 308D, directly or indirectly help person C—

  2. 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 308E: replaced, on , by section 51 of the Resource Management Amendment Act 2013 (2013 No 63).