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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:

"Taking someone to court for breaking environment rules on purpose"

You can take someone to the Environment Court if you think they broke the rules in this Part of the Resource Management Act. The Court can say if someone broke the rules. You can do this if you think they did something wrong on purpose.

You can bring this case to Court if you were part of an appeal against a decision that favoured someone else. This can also happen if you were part of a proceeding before the Environment Court that was started by someone else under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K.

You cannot start the Court case until the appeal or other proceedings are finished. You have to start the Court case within six years of when the rules were broken. The Environment Court can make a declaration about what happened.

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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:
Crime and justice > Courts and legal helpEnvironment and resources > ConservationEnvironment and resources > Town planning
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"Tell the court if someone is helping you with your appeal"

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308H: Costs orders if declaration made, or

"When the court makes a special decision, it can order someone to pay costs to others for not following the rules."

Part 11AAct 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).