There continues to be an Environment Court.

The court is the same court as the court that was continued by section 247 of the Resource Management Act 1991.

The court is a court of record.

The court has—

The Environment Court continues to have a seal, and the Registrar is responsible for the seal.

The Environment Court consists of—

The quorum for the Environment Court is—

When an Environment Judge sits with an Environment Commissioner or special advisor, the Environment Judge presides at the sitting.

A decision of a majority of the members of the court present at a sitting is the decision of the court.

However, if there is no majority, the decision of the presiding member is the decision of the court.

The member of the Environment Court who presides at a sitting of the court has the sole discretion to decide whether the court has been properly constituted and convened.

The exercise of discretion under this clause cannot be questioned in proceedings before the court or in another court.

The Governor-General may appoint an eligible person (see clause 10) as an Environment Judge or an alternate Environment Judge.

An appointment may be made only—

At any one time,—

For the purpose of subclause (1)(a),—

A person may be appointed an Environment Judge only if they are, or are eligible to be, a District Court Judge.

An appointee who is not a District Court Judge must be appointed to that office at the time of their appointment as an Environment Judge.

A person may be appointed as an alternate Environment Judge only if—

However, a person eligible for appointment under subclause (3)(b)—

An Environment Judge continues to hold that office until—

An alternate Environment Judge continues to hold that office until—

An Environment Judge or alternate Environment Judge must not—

However, subclause (1)(b) does not apply to another office if any legislation permits or requires the office to be held by a Judge.

The Chief Environment Court Judge may approve other employment or another office, but only if they are satisfied that the other employment or office is consistent with the Judge’s judicial office.

The Chief Justice must develop and publish a protocol that contains guidance on—

The Chief Justice must consult the Chief Environment Court Judge when preparing the protocol.

An alternate Environment Judge may act as an Environment Judge when the Chief Environment Court Judge considers it necessary for them to do so.

The Chief Environment Court Judge must make their decision under subclause (1) in consultation with the Chief District Court Judge or the Chief Māori Land Court Judge.

When an alternate Environment Judge acts as an Environment Judge,—

An Environment Judge sitting alone may make any of the following:

An Environment Judge sitting alone may waive a requirement or give a direction under clause 87.

An Environment Judge sitting alone may make any of the following orders (which relate to protecting sensitive information):

The Judge may—

An Environment Judge sitting alone may, at any stage of proceedings, make an order that the whole or any part of a person’s case be struck out if the Judge considers—

The Judge may make an order under this clause on any terms that the Judge thinks fit.

An Environment Judge sitting alone may exercise powers conferred by the Chief Environment Court Judge under this clause.

The Chief Environment Court Judge—

The Governor-General may appoint an Environment Judge as the Chief Environment Court Judge.

The appointment may be made only on the recommendation of the Attorney-General.

The Chief Environment Court Judge—

However, the Chief Environment Court Judge’s power to make decisions under subclause (3)(b)—

This clause applies if—

The Governor-General may appoint another Environment Judge to act in place of the Chief Environment Court Judge until the Chief Environment Court Judge resumes the duties of that office or a successor is appointed.

While acting in place of the Chief Environment Court Judge, the acting Chief Environment Court Judge—

The Governor-General may appoint a suitable person (see clause 24) as an Environment Commissioner or a Deputy Environment Commissioner.

An appointment may be made only—

A person—

At any one time, any number of Environment Commissioners or Deputy Environment Commissioners may hold office.

This clause applies when the Attorney-General is considering whether a person is suitable to be appointed as an Environment Commissioner or Deputy Environment Commissioner.

The Attorney-General must have regard to the need to ensure that the Environment Court possesses a mix of knowledge and experience in matters coming before the court, including knowledge and experience in—

An Environment Commissioner or Deputy Environment Commissioner continues to hold that office until—

Despite subclause (1)(b), an Environment Commissioner or Deputy Environment Commissioner whose term of appointment expires may, even if they are not reappointed, continue in office until their successor comes into office.

A person appointed as an Environment Commissioner or a Deputy Environment Commissioner must take an oath of office that they will honestly and impartially perform the duties of the office.

The person must take the oath before they perform any duties of the office.

Each Environment Commissioner and Deputy Environment Commissioner—

Expenses may be incurred, without further appropriation than this clause, to meet the salaries, fees, or allowances determined under subclause (1)(a).

For the purposes of subclause (1)(b), the Fees and Travelling Allowances Act 1951 applies as if each Environment Commissioner and Deputy Environment Commissioner were a member of a statutory board as defined in section 2 of that Act.

A Deputy Environment Commissioner may act in place of an Environment Commissioner when—

When a Deputy Environment Commissioner is acting for an Environment Commissioner, the Deputy Environment Commissioner must be considered as an Environment Commissioner of the Environment Court for all purposes.

One or more Environment Commissioners sitting without an Environment Judge may exercise powers conferred by the Chief Environment Court Judge under this clause.

The Chief Environment Court Judge—

The powers that may be conferred include—

One or more Environment Commissioners sitting without an Environment Judge may exercise powers conferred by an Environment Judge under this clause.

An Environment Judge may confer a power only if—

A power may be conferred on any terms and conditions that the Environment Judge thinks fit.

One or more Environment Commissioners sitting without an Environment Judge may do anything else that this Act empowers them to do.

Any party affected by the exercise of any power under clauses 29 to 31 may, within 15 working days after the exercise of that power, apply in writing to an Environment Judge for leave to make an application for a review of the exercise of that power by a fully constituted Environment Court.

If the Environment Judge grants leave, the party may, within a further 7 working days, apply in writing for a review of the exercise of that power by a fully constituted Environment Court.

The court, after reviewing the exercise of the power, may substitute or set aside the Environment Commissioner’s decision and make any further or other orders that the case requires.

An Environment Commissioner may take a declaration or an affidavit.

An Environment Judge, alternate Environment Judge, Environment Commissioner, or Deputy Environment Commissioner may resign from office at any time by written notice to the Attorney-General.

The Governor-General may, on the advice of the Attorney-General, remove an Environment Judge, alternate Environment Judge, Environment Commissioner, or Deputy Environment Commissioner from their office on the grounds of inability or misbehaviour.

The removal of a District Court Judge from office as an Environment Judge or an alternate Environment Judge does not remove them from office as a District Court Judge.

The Chief Environment Court Judge may appoint, as a special advisor, a person who is able to assist the Environment Court in a proceeding before it.

A special advisor is not a member of the court but may sit with it and assist it in any way the court decides.

Each special advisor is entitled to be paid, out of money appropriated by Parliament for the purpose,—

The Fees and Travelling Allowances Act 1951 applies to payments for the purposes of this clause as if each special advisor were a member of a statutory board as defined in section 2 of that Act.

The Environment Court—

The Registrar, a Deputy Registrar, and every other person assisting the court (other than as a special advisor) must—

A Deputy Registrar has all the powers, functions, duties, and immunity of the Registrar, subject to the control of the Registrar.

An officer of the court may also hold another office or employment in the public service.

The Registrar may, if directed to do so by an Environment Judge, act on behalf of the Environment Court or an Environment Judge to do something that is preliminary or incidental to any proceedings, including—

An order made by the Registrar under this clause, or an application granted by the Registrar under clause 87 (waivers and directions), must be treated as if it were an order of the court.

The Registrar may do anything else that this Act empowers the Registrar to do.

A Registrar may take a declaration or an affidavit.

A person directly affected by the exercise of a power by the Registrar may apply to an Environment Judge to reconsider the matter.

The application must be by notice to the Registrar and other persons affected.

The notice must be given within 10 working days after the Registrar’s exercise of the power.

The Environment Judge may confirm, modify, or reverse the Registrar’s exercise of the power.

No action lies against any member of the Environment Court for anything they say, do, or omit to say or do while acting in good faith in the performance of their duties.

A member of the court who is a District Court Judge has the immunities conferred by section 23 of the District Court Act 2016 (that is, the same immunities as a Judge of the High Court) in relation to all functions and duties performed by the Judge under this Act.

No action lies against the Registrar for anything the Registrar says, does, or omits to say or do while acting in good faith under any of the following clauses:

No action lies against a special advisor appointed under clause 36 for anything they say, do, or omit to say or do while acting in good faith in the performance of their duties.

A member of the Environment Court is not considered to have an interest in a proceeding before the court solely on the ground that the member is a ratepayer.

The Environment Court and Environment Judges have the same powers that the District Court has in the exercise of its civil jurisdiction.

The Environment Court has the same power, duty, and discretion, in respect of a decision that is the subject of an appeal or inquiry, as the person who made that decision.

The court may—

In deciding an appeal or inquiry, the Environment Court must have regard to the decision that is the subject of the appeal or inquiry.

Nothing in this clause affects any specific power or duty the court has under this Act or any other legislation.

This clause applies when the Environment Court is hearing an appeal under this Act or the Natural Environment Act 2025 relating to an amendment to a plan or proposed plan—

The court may consider only the question of law raised.

The Environment Court may, in any proceedings before it, direct a local authority to amend an operative plan to which the proceedings relate in order to—

Schedule 3 does not apply to the amendment.

This clause applies after the Environment Court hears an appeal against, or an inquiry into, the provisions of any proposed plan that is before the court.

The court may—

The court must state its reasons for giving a direction.

Subclause (5) applies if the court finds that a proposed plan that is before the court departs from—

The court may allow a departure to remain if it considers that it has minor significance and does not affect the general intent and purpose of the proposed plan.

In subclauses (4) and (5), departs and departure mean that a proposed plan does not give effect to—

This clause applies to a decision made by the Environment Court on—

The Environment Court must decide the matters referred to in subclause (1) in accordance with the procedures set out in this Act and in any regulations made under it.

An application made must be—

Except as expressly provided in this Act, the Environment Court may regulate its own proceedings in the way it thinks fit.

However, the court must regulate its proceedings in a way that best promotes their timely and cost-effective resolution.

Court proceedings may be conducted without procedural formality where it is consistent with fairness and efficiency.

The court must recognise tikanga Māori where appropriate.

The court may, in any proceedings or any conference under clause 57, use or allow the use of any telecommunication facility that will assist in the fair and efficient determination of the proceedings or conference.

Every originating application to the Environment Court must be made by notice of motion, except as otherwise provided in this Act or any other legislation.

The notice of motion—

The applicant must, as soon as is reasonably practicable after lodging a notice of motion with the Registrar, serve copies of the notice and affidavit on any persons that are parties to the application and advise the Registrar accordingly.

An Environment Judge may at any time direct the applicant to serve a copy of the notice of motion and affidavit on any other person.

If a person who has been served a notice of motion wishes to be heard on the application, they must give written notice to the Registrar and the applicant of their wish to be heard and the matters they wish to raise.

A written notice for the purposes of subclause (5) must be—

The Environment Court may, in any proceedings before it,—

A case is stated under this clause when it is settled and signed by an Environment Judge and sent to the Registrar at the appropriate registry of the High Court.

The Environment Court may ask the Registrar at the appropriate registry of the High Court to set a date for the stated case to be heard.

However, the Environment Court may make a request under subclause (3) only after it gives the parties notice of its intention to do so.

For the purposes of this clause, the appropriate registry of the High Court is the office of the High Court nearest to the place where the proceedings were, or are being, conducted.

The following persons may be a party to any proceedings before the Environment Court:

The court may allow any other person representing a relevant aspect of the public interest to be a party to any proceedings before the court if the court thinks the person’s participation will assist the court in addressing the issues in the proceedings.

A person may be a party to any proceedings before the Environment Court if they have an interest in the proceedings that is greater than the interest that the general public has.

However, subclause (3) is subject to any statutory limitations placed on a person’s options to oppose trade competitors.

To decide whether a person has an interest in proceedings greater than the interest that the general public has, the Environment Court must have regard to every relevant statutory acknowledgment.

A person may be a party to any proceedings before the Environment Court if—

A person who becomes a party to any proceedings under this clause must not oppose the withdrawal or abandonment of the proceedings, unless the proceedings were brought by a person who made a submission in the previous proceedings on the same matter.

A person who is entitled to be represented at proceedings before the Environment Court may become a party to the proceedings by giving notice in the prescribed manner within 15 working days after—

The notice given under subclause (1) must be given to—

If a person brings proceedings before the Environment Court, the proceedings are deemed to be also brought on behalf of—

Every party appearing in proceedings before the court is deemed to appear also on behalf of—

An Environment Judge must, as soon as practicable after proceedings are lodged, consider whether to convene a conference presided over by a member of the Environment Court.

Any party to the proceedings may ask an Environment Judge to convene a conference.

An Environment Judge may, at any time after proceedings are lodged, require that any of the following be present at a conference presided over by a member of the Environment Court:

Persons required to be present at a conference must—

The member of the Environment Court who presides at a conference may, after giving the parties an opportunity to be heard, do all or any of the following things:

If a direction is made under subclause (1)(i) (about how evidence is given), any opposing party must, if they require it, have the opportunity to cross-examine any witness.

The member of the court who presides at a conference—

At any time after proceedings are lodged, the Environment Court may, to help resolve a matter, ask a member of the court or another person to conduct an ADR process before or at any time during the course of a hearing.

The court may act under this clause on its own motion or on request.

A member of the court who conducts an ADR process is not disqualified from resuming their role as a member of the court to decide a matter if—

Persons participating in an ADR process under this Act must comply with the prescribed process (if there is one).

The Environment Court must hear and decide all proceedings as soon as practicable after the date on which they are lodged with it.

However, the court need not comply with subclause (1) if, in the circumstances of a particular case, the court does not consider it appropriate to do so.

The Registrar must—

An Environment Judge may, if they think fit, reduce the period of notice required by subclause (3)(b) in any particular case.

If a person who has initiated proceedings before the court fails, without sufficient cause, to appear before the court at the time and place set for the hearing, the court may dismiss the proceedings.

The Environment Court must hear 2 or more proceedings together if they relate to the same subject matter, unless the court considers that to do so would be impracticable, unnecessary, or undesirable.

Subclause (1) applies whenever the court has jurisdiction to hear the proceedings, whether they arise under this Act or any other legislation.

Unless the parties agree otherwise, the Environment Court must conduct a conference or hearing at a place that is as near as the court considers convenient to the locality of the subject matter to which the proceedings relate.

A person who becomes a party to proceedings under clause 53 may appear and call evidence.

However, evidence must not be called unless—

The Environment Court may—

The court may, whether or not the parties consent,—

The Evidence Act 2006 applies to Environment Court proceedings, except that the court may accept, admit, and call for any evidence that it considers appropriate in the proceedings even though the evidence is not otherwise admissible under the rules of law about evidence.

The court may receive evidence written or spoken inte reo Māori, and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 applies accordingly.

If a copy of, or an extract from, a plan is certified, it is admissible in evidence in legal proceedings to the same extent as the original document.

In this clause, certified means certified to be a true copy by the principal administrative officer or by any other authorised officer of the relevant local authority.

All hearings of the Environment Court must be held in public except as provided in this clause.

The court may do either or both of the following if it considers that the reasons for doing so outweigh the public interest in a public hearing and publication of evidence:

An application for an order for discovery or production of documents may be made only with the leave of an Environment Judge.

A witness who is summoned to attend the Environment Court is entitled to be paid, by the party requiring their attendance, expenses for travelling and maintenance while absent from their usual residence.

The expenses must be paid in accordance with the scale of allowances for witnesses in civil cases under the District Court Act 2016.

When a witness is called or evidence is obtained by the court, the court may direct that the expenses incurred—

A person commits an offence if, without reasonable cause, they—

It is a defence to a charge under subclause (1) that the person was not given travelling expenses in accordance with the scale for witnesses in civil cases under the District Court Act 2016—

A person who commits an offence against this clause is liable on conviction to a fine not exceeding $1,500.

Any of the following persons may take an affidavit or a statutory declaration to be used in the Environment Court:

Witnesses and counsel appearing before the Environment Court have the same privileges and immunities as they have when they appear in the same capacity in proceedings in the District Court.

A decision of the Environment Court under this Act or any other legislation, on any matter other than an inquiry, is final unless it is reheard under clause 73 or appealed against under clause 77.

This clause applies if, after the Environment Court gives a decision,—

The court may order a rehearing of the proceedings on any terms and conditions that it thinks reasonable.

Any party may apply to the court for a rehearing of the proceedings.

If the court receives an application under subclause (3), the court must—

The decision of the court on the reheard proceedings has the same effect as a decision of the court on the original proceedings.

This clause applies if a person has a right, under this Act or any other legislation, to—

In relation to that matter or decision, the following restrictions apply until the right has been exercised and the court has made a decision:

This clause applies to—

The decision, determination, order, report, or recommendation must be—

All courts and persons acting judicially must take judicial notice of any document that bears the seal of the court.

A party to a proceeding before the Environment Court under this Act or any other legislation may appeal on a question of law to the High Court against any decision, report, or recommendation that the Environment Court makes in the proceeding.

An appeal must be made in accordance with the High Court Rules 2016, except to the extent that the relevant rules are inconsistent with clauses 78 to 85.

A party (the appellant) may commence an appeal under clause 77 as follows:

The notice of appeal must specify—

The Registrar of the Environment Court must send a copy of the whole of the decision appealed against to the Registrar of the High Court as soon as is reasonably practicable after receiving the notice of appeal.

A person may appear and be heard on an appeal to the High Court under clause 77 if they are—

If the person wishes to appear and be heard on the appeal, they must comply with subclause (3) within 10 working days after they were served with the notice of appeal.

The person must serve notice of their intention to appear on all of the following:

The parties to an appeal before the High Court are the appellant and any person who gives notice of intention to appear under clause 79.

The Registrar of the High Court must ensure that the parties to an appeal before the High Court are served with—

The High Court may make an order directing the Environment Court to lodge with the Registrar of the High Court any or all of the following:

An order under this clause—

An application for an order under this clause must be made,—

The High Court may dismiss an appeal if—

This clause applies if a party to an appeal other than the appellant wishes to contend that the relevant decision or report and recommendation of the Environment Court is in error on other questions of law.

Within 20 working days after the date on which that party (the specified party) is served with a copy of the notice of appeal, they must—

Before, or within 5 working days after, the specified party files a notice under subclause (2)(a), they must serve a copy of the notice on—

If a notice is filed under this clause, the following clauses apply with any necessary modifications:

An appeal under this clause must be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with this clause.

On the application of a party to an appeal, the High Court may extend any period of time stated in any of the following clauses:

An appeal is ready for hearing when a party to an appeal notifies the Registrar of the High Court—

When an appeal is ready for hearing, the Registrar of the High Court must arrange a hearing date as soon as practicable.

A party to an appeal to the High Court under clause 77 may appeal against the High Court’s decision on that appeal only as permitted by this clause.

A party may appeal against the High Court’s decision in accordance with subpart 8 of Part 6 of the Criminal Procedure Act 2011 (which provides for appeals on questions of law), and that subpart applies—

A person may apply to the Environment Court for a waiver or direction about a prescribed time period, a requirement for service, or a matter of procedure relating to a proceeding.

The court must not grant an application under this clause unless the court is satisfied,—

The court may waive a requirement about time whether or not an application under this clause is made before the requirement is breached.

The Registrar may exercise a power referred to in this clause if the Chief Environment Court Judge confers that power on the Registrar.

The power may be conferred generally or in relation to a specific matter, and on any terms and conditions that the Chief Environment Court Judge thinks fit.

A person may apply to the Registrar to waive, reduce, or postpone payment to the Environment Court of any fee prescribed by regulations made under subpart 3 of Part 6.

The application must be made in the form approved by the chief executive of the Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

The Registrar may waive, reduce, or postpone the payment of the fee only if the Registrar is satisfied, after applying any criteria prescribed by the regulations, that—

The Environment Court may make any of the following orders about costs:

The court must,—

The court must also apply a presumption that costs are not to be ordered against a person who is a party under clause 53.

Subclause (5) applies when the court is deciding whether to make an order under subclause (1)(d) in any proceedings.

An order for costs made by the Environment Court may be filed in the District Court at the office of the court named in the order and then becomes enforceable as a judgment of the District Court in its civil jurisdiction.

The following provisions of the Contempt of Court Act 2019 apply with the necessary modifications to proceedings of the Environment Court:

Those provisions apply to proceedings of the Environment Court as if—

A Judge may make an order (a clause 92 order) restricting a person from commencing or continuing civil proceedings in the Environment Court.

The order may have—

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

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

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

A Judge may make a clause 92 order if the Judge considers that the following proceedings in the Environment Court are or were totally without merit:

In deciding whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application, appeals, or criminal prosecutions involving the party to be restrained, but is not limited to those considerations.

The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different persons.

For the purposes of this clause and clauses 94 and 95, an appeal in a civil proceeding must be treated as part of that proceeding and not as a distinct proceeding.

A clause 92 order may restrain a party from commencing or continuing any civil proceeding (whether generally or against any particular person or persons) of any type specified in the order without first obtaining the leave of the Environment Court.

A clause 92 order, whether limited or extended, has effect—

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

A Judge may make a clause 92 order either on an application under this clause or on the Judge’s own initiative.

A party subject to a clause 92 order may apply without notice for leave to continue or commence a civil proceeding, but the Environment Court may direct that the application for leave be served on any specified person.

An application for leave must be decided 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.

A Judge’s decision on an application for leave is final.

A clause 92 order does not prevent or affect the commencement of a private criminal prosecution in any case.

The party against whom a clause 92 order is made may appeal against the order to the High Court.

The appellant in an appeal under this clause, or the applicant for the clause 92 order concerned, may, with the leave of the High Court, appeal against the High Court’s decision on the appeal to the Court of Appeal.

A court deciding an appeal under this clause has the same powers as the court appealed from has to decide an application or appeal, as the case may be.

The Chief Environment Court Judge must, in consultation with the Chief Justice,—

The Chief Environment Court Judge must, in consultation with the Chief Justice, develop and publish guidelines to assist Judges to decide if they should recuse themselves from a proceeding.

The Registrar must make an annual report to the Minister of the Crown who is responsible for the Ministry of Justice (the Minister of Justice).

The report must—

The Minister of Justice must, within 10 sitting days after they receive a report under this clause, present the report to the House of Representatives in accordance with the House’s rules and practice.