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Resource Management Act 1991

Act not to be used to oppose trade competitors

308CA: Limit on representation at proceedings as party under section 274

You could also call this:

“Rules about who can join a court case about the environment, making sure it's not about business competition”

If you want to be part of a proceeding in the Environment Court under certain sections of the law, you need to show that you have a special interest in the case. This interest must be more than what the general public has.

You can only be a party to the proceeding if you are directly affected by the subject of the case. The effect must harm the environment and must not be about trade competition or its effects.

This rule applies to proceedings under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K of the Resource Management Act. If you want to join as a party under section 274, you must follow these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5599500.

Topics:
Environment and resources > Conservation Crime and justice > Courts and legal help
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Part 11A Act not to be used to oppose trade competitors

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308CALimit on representation at proceedings as party under section 274

  1. This section applies when person A wants to be a party under section 274 to a proceeding before the Environment Court under section 87G, 149T, 165ZFE(9)(a)(ii), 198E, or 198K on the ground that person A has an interest in the proceedings that is greater than the interest that the general public has.

  2. Person A may be a party to the proceeding only if directly affected by an effect of the subject matter of the proceeding that—

  3. adversely affects the environment; and
    1. does not relate to trade competition or the effects of trade competition.

      Notes
      • Section 308CA: inserted, on , by section 49 of the Resource Management Amendment Act 2013 (2013 No 63).