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Environment Act 1986

Parliamentary Commissioner for the Environment - Functions and powers

21: Commissioner's right to be heard in proceedings

You could also call this:

"The Commissioner can speak up in court and have a say in decisions."

Illustration for Environment Act 1986

You have the right to know about the Commissioner's role in court. The Commissioner can be present and heard in court when someone is trying to get consent. They can call evidence and question witnesses. You need to understand that the Commissioner has some rights in court. They can be represented by a lawyer and can question witnesses. But they do not have more rights than other parties in the court case. If the Commissioner goes to court, the court can decide who pays the costs. The court can order one party to pay the Commissioner's costs or the Commissioner to pay another party's costs. The Commissioner can recover their costs in the same way as other parties in the court case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM99754.

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"Keep work secrets to protect information"

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Part 1Parliamentary Commissioner for the Environment
Functions and powers

21Commissioner's right to be heard in proceedings

  1. In any proceedings in any way relating to or arising from the obtaining of, or any attempt to obtain, any consent, the Commissioner—

  2. shall have the right to be present and be heard solely for the purpose of calling evidence on any matter (including evidence in rebuttal) that should be taken in account in determining the proceedings:
    1. may examine, cross-examine, and re-examine witnesses:
      1. may be represented by counsel or by any duly authorised representative—
          1. but shall have no greater rights than parties to the proceedings in respect of the calling of evidence or evidence in rebuttal, or in respect of the examination, cross-examination, and re-examination of witnesses.

        1. Where the Commissioner appears in any proceedings pursuant to any of the provisions of subsection (1), the court, tribunal, or other body before which those proceedings are conducted, where it has power to award costs to or against parties to the proceedings, may make such order as it thinks just—

        2. as to the payment by any party to the proceedings of the costs incurred by the Commissioner in so doing; or
          1. as to the payment by the Commissioner of any costs incurred by any party to the proceedings by reason of the Commissioner's so doing.

            1. Where any costs are so awarded to the Commissioner, the Commissioner may recover them in the same manner as parties to the proceedings may recover costs awarded to them.