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Resource Management Act 1991

Act not to be used to oppose trade competitors

308I: Proceedings for damages in High Court

You could also call this:

"Taking someone to the High Court to get money for losses they caused you"

If you get a declaration under section 308G, you can take the person it was made against to the High Court to claim damages. You have to follow the High Court Rules 2016 when you do this. You must start the court case within six years of the declaration being made.

The High Court will tell the person you took to court to pay you damages for the losses you suffered because of what they did. This is what the court must do if you win your case. You can only claim damages for the losses that happened because of the things the other person did that led to the declaration.

You must make sure you start your court case on time, or you might miss your chance to claim damages. The court will look at what happened and decide how much money you should get.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2421556.

Topics:
Crime and justice > Courts and legal help
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"When the court makes a special decision, it can order someone to pay costs to others for not following the rules."

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Part 11AAct not to be used to oppose trade competitors

308IProceedings for damages in High Court

  1. A person who obtains a declaration under section 308G may bring proceedings for damages in the High Court against the person against whom the Environment Court made the declaration.

  2. The proceedings must be brought in accordance with the High Court Rules 2016.

  3. The proceedings must be commenced within 6 years after the declaration is made.

  4. The High Court must order the payment of damages for loss suffered by the plaintiff because of the conduct of the defendant that gave rise to the making of the declaration.

Notes
  • Section 308I: inserted, on , by section 135 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
  • Section 308I(2): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).