Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Act not to be used to oppose trade competitors

308G: Declaration that Part contravened

You could also call this:

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

You can go to the Environment Court to say someone has broken the rules in this part of the law. This applies to two types of people: person A and person C. You can say they broke the rules themselves, helped someone else break the rules, planned with others to break the rules, or knew about the rules being broken.

If you want to do this, you must have been involved in an earlier case. You need to have been part of an appeal against a decision that favoured person B, or part of a case that person B started in the Environment Court under certain sections of the law.

You can’t start this new case until after the earlier case is finished. You also need to do it within 6 years of when the rules were broken.

The Environment Court can then decide if the rules were really broken or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2421554.

Topics:
Business > Fair trading
Environment and resources > Town planning
Crime and justice > Courts and legal help
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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”

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308H: Costs orders if declaration made, or

“If someone breaks the rules, they might have to pay for the costs of the court and other people involved.”

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

308GDeclaration that Part contravened

  1. Proceedings may be brought in the Environment Court for a declaration that person A or person C—

  2. contravened any of the provisions in this Part:
    1. aided, abetted, counselled, induced, or procured the contravention of any of the provisions in this Part:
      1. conspired with any other person in the contravention of any of the provisions in this Part:
        1. was in any other way knowingly concerned in the contravention of any of the provisions in this Part.

          1. The proceedings may be brought by any person (other than person A or person C) who was—

          2. a party to an appeal against a decision under this Act in favour of person B; or
            1. 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.

              1. The proceedings must not be commenced until the appeal or proceedings referred to in subsection (2) are determined.

              2. The proceedings must be commenced within 6 years after the contravention.

              3. The Environment Court may make the declaration.

              Notes
              • Section 308G: inserted, on , by section 135 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
              • Section 308G(2): replaced, on , by section 53 of the Resource Management Amendment Act 2013 (2013 No 63).
              • Section 308G(3): replaced, on , by section 53 of the Resource Management Amendment Act 2013 (2013 No 63).