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Resource Management Act 1991

Environment Court - Procedure and powers

288F: Procedure and appeals relating to section 288C orders

You could also call this:

“Rules for asking a judge to stop someone from starting court cases and what to do if you don't like the judge's decision”

You or someone else in a legal case can ask for a special order called a section 288C order. This order can be limited or extended. A judge can make this order if someone asks for it, or the judge can decide to make it on their own.

If you’re not allowed to start or continue a legal case because of a section 288C order, you can ask for permission to do so. You don’t have to tell anyone else when you ask, but the court might say you need to tell specific people.

The judge will usually decide about your request just by looking at the papers you give them. But if there’s a really good reason, they might let you explain in person.

Once the judge decides about your request, that’s the final decision. You can’t change it.

Even if you have a section 288C order against you, it doesn’t stop anyone from starting a private criminal case against you.

If you don’t like the section 288C order made against you, you can appeal to the High Court. If you’re still not happy after that, you might be able to appeal to the Court of Appeal, but you need to get permission first.

When a court is looking at an appeal about a section 288C order, they can make the same kinds of decisions as the court that made the original order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7146007.

Topics:
Crime and justice > Courts and legal help
Crime and justice > Criminal law
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Part 11 Environment Court
Procedure and powers

288FProcedure and appeals relating to section 288C orders

  1. A party to any proceeding may apply for a limited order or an extended order.

  2. A Judge may make an order under section 288C (a section 288C order) either on an application under subsection (1) or on his or her own initiative.

  3. An application for leave to continue or commence a civil proceeding by a party subject to a section 288C order may be made without notice, but the court may direct that the application for leave be served on any specified person.

  4. An application for leave must be determined on the papers, unless the Judge considers that an oral hearing should be conducted because there are exceptional circumstances and it is appropriate to do so in the interests of justice.

  5. A Judge’s determination of an application for leave is final.

  6. A section 288C order does not prevent or affect the commencement of a private criminal prosecution in any case.

  7. The party against whom a section 288C order is made may appeal against the order to the High Court.

  8. The appellant in an appeal under subsection (7) or the applicant for the section 288C order concerned may, with the leave of the High Court, appeal against the determination of that appeal to the Court of Appeal.

  9. A court determining an appeal under this section has the same powers as the court appealed from has to determine an application or appeal, as the case may be.

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