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Resource Management Act 1991

Environment Court - Procedure and powers

288C: Judge may make order restricting commencement or continuation of proceeding

You could also call this:

“A judge can stop someone from starting or continuing a case in the Environment Court if they think it's necessary.”

You should know that a judge can stop someone from starting or continuing a case in the Environment Court. This is called making an order.

The judge can make two types of orders. One is called a limited order, and the other is called an extended order.

A limited order means the person can’t start or continue a case about a specific issue in the Environment Court.

An extended order is a bit broader. It stops the person from starting or continuing a case about a specific issue or anything related to it in the Environment Court.

Remember, the court always has the power to control what happens in its own cases. This rule doesn’t change that.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7146002.

Topics:
Environment and resources > Conservation
Crime and justice > Courts and legal help
Previous

288B: Recusal guidelines, or

“The top judge must make rules about when judges should step away from a case”

Next

288D: Grounds for making section 288C order, or

“When a judge can stop someone from starting more court cases that have no real reason”

Part 11 Environment Court
Procedure and powers

288CJudge may make order restricting commencement or continuation of proceeding

  1. A Judge may make an order restricting a person from commencing or continuing civil proceedings in the Environment Court.

  2. The order may have—

  3. a limited effect (a limited order); or
    1. an extended effect (an extended order).

      1. A limited order restrains a party from continuing or commencing civil proceedings on a particular matter in the Environment Court.

      2. An extended order restrains a party from continuing or commencing civil proceedings on a particular or related matter in the Environment Court.

      3. Nothing in this section limits the court’s inherent power to control its own proceedings.

      Notes
      • Section 288C: inserted, on , by section 8 of the Resource Management Amendment Act 2016 (2016 No 68).