Plain language law

New Zealand law explained for everyone

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:

“If someone gets special permission from the court, they can ask for money if they were hurt by another person's actions.”

If you get a declaration under section 308G, you can go to the High Court to ask for money from the person the Environment Court made the declaration against. This is called bringing proceedings for damages.

You need to follow the High Court Rules 2016 when you do this. You have to start these proceedings within 6 years after the declaration is made.

If you win your case, the High Court will order the other person to pay you money for any loss you suffered because of what they did that led to the declaration being made.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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
Previous

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.”

Next

309: Proceedings to be heard by an Environment Judge, or

“A special judge decides on cases about breaking environmental rules and protecting nature.”

Part 11A Act 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).