Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Environment Court - Conferences and additional dispute resolution

268A: Mandatory participation in alternative dispute resolution processes

You could also call this:

“You must join in or send someone to help solve problems outside of court, unless the court says you don't have to.”

When there’s a dispute about something related to the Resource Management Act, you might need to take part in a special process to try and solve it without going to court. This is called an Alternative Dispute Resolution (ADR) process.

If you’re involved in this kind of process, you have to take part in it. You can either go yourself or send someone to represent you. The person who goes must be able to make decisions for you about things that might come up during the process.

If you don’t want to take part in the ADR process, you can ask the Environment Court for permission to not go. They might say yes if they think it’s not right for you to be there.

Remember, if you or your representative go to the ADR process, you need to be there in person. You can’t just join by phone or video call.

If you want to know more about when these ADR processes happen, you can look at section 268 of the Resource Management Act.

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 It might be out of date or be missing some parts.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=DLM7237767.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Crime and justice > Courts and legal help
Previous

268: Alternative dispute resolution, or

“This explains how the Environment Court can use special ways to help solve problems without going to a full court hearing.”

Next

269: Court procedure, or

“The Environment Court can decide how to run its cases, making sure they're fair, quick, and easy to understand for everyone.”

Part 11 Environment Court
Conferences and additional dispute resolution

268AMandatory participation in alternative dispute resolution processes

  1. This section applies to an ADR process conducted under section 268.

  2. Each party to the proceedings must participate in the ADR process in person or by a representative, unless leave is granted under this section.

  3. Each person required to participate in an ADR process must—

  4. be present in person; or
    1. have at least 1 representative present who has the authority to make decisions on behalf of the person represented on any matters that may reasonably be expected to arise in the ADR process.

      1. A party to the proceedings may apply to the Environment Court for leave not to participate in the ADR process.

      2. The Environment Court may grant leave if it considers that it is not appropriate for the party to participate in the ADR process.

      Notes
      • Section 268A: inserted, on , by section 102 of the Resource Legislation Amendment Act 2017 (2017 No 15).