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Resource Management Act 1991

Act not to be used to oppose trade competitors

308F: Surrogate must disclose status

You could also call this:

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

If you are person C, you need to tell the court if you are appearing before it for certain reasons. You must tell the court if you are appealing against a decision that was in favour of person B, or if you are part of a case that person B started in the Environment Court. You also need to tell the court if you have received, are receiving, or might receive help from person A to be part of these court cases. This help can be direct or indirect. You must tell the court about this help if it’s for any of the reasons mentioned in section 308D. It’s important to be honest with the court about these things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2421553.

Topics:
Environment and resources > Conservation
Environment and resources > Climate and energy
Government and voting > Local councils
Crime and justice > Courts and legal help
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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.”

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308G: Declaration that Part contravened, or

“The court can say someone broke the rules about unfairly stopping other businesses.”

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

308FSurrogate must disclose status

  1. Person C must tell the court if person C—

  2. appears before the court—
    1. as the appellant, or as a party to an appeal, against a decision under this Act in favour of person B:
      1. as 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; and
      2. has knowingly received, is knowingly receiving, or may knowingly receive direct or indirect help from person A to bring the appeal or be a party to the appeal, or to be a party to the proceeding, for any of the purposes in section 308D.

        Notes
        • Section 308F: inserted, on , by section 135 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
        • Section 308F(a): replaced, on , by section 52(1) of the Resource Management Amendment Act 2013 (2013 No 63).
        • Section 308F(b): amended, on , by section 52(2) of the Resource Management Amendment Act 2013 (2013 No 63).