In this schedule, unless the context otherwise requires,—

adjudicator means—

1. a person appointed to be an adjudicator under clause 7; and
2. includes the persons holding office as Environment Commissioners and Deputy Environment Commissioners

chairperson means the person appointed to be the chairperson of the tribunal under clause 4

notification decision means the decision taken by a local authority—

1. to publicly notify or give targeted notification of a permit or consent application; or
2. not to give either form of notification of a permit or consent application

Planning Tribunal and tribunal mean the tribunal established by clause 2

Registrar means the Registrar (if one is appointed) of the tribunal (see clause 11).

This clause establishes the Planning Tribunal.

The tribunal is a division of the Environment Court.

The tribunal has the jurisdiction and powers conferred on it by or under this Act or any other Act.

The tribunal is to have a seal to be used for sealing all documents that must be sealed or that the chairperson of the tribunal elects to seal.

The seal must be judicially noticed in all courts and for all purposes.

The seal may be applied to documents physically or electronically.

The Governor-General, on the recommendation of the Minister may appoint a person to be the chairperson of the tribunal.

Before making a recommendation under subclause (1), the Minister must consult the Minister of Justice and may consult any other Minister, as the Minister thinks necessary.

The chairperson must—

A chairperson is appointed for a term of 5 years but may be reappointed.

The chairperson may sit as an adjudicator and exercise the same jurisdiction as an adjudicator.

The chairperson may, in accordance with clause 6, delegate any of the functions, duties, and powers of the chairperson to an adjudicator who would be eligible to be appointed as the chairperson.

The functions of the chairperson are,—

A delegation under clause 5(2)—

The delegate may perform or exercise any functions, powers, or duties in the same manner and to the same effect as if they had been conferred directly by this Act and not by delegation.

A person who appears to be acting under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

The delegate must be paid remuneration in accordance with the work undertaken in that capacity.

The Governor-General may, on the recommendation of the Minister, appoint persons to be adjudicators of the tribunal for the purposes of this Act and the Natural Environment Act 2025.

Before making a recommendation under subclause (1), the Minister must consult the Minister of Justice and may consult any other Minister as the Minister thinks necessary.

A person who holds office as an Environment Commissioner or Deputy Environment Commissioner in the Environment Court is deemed to be an adjudicator appointed under this clause.

The persons whom the Minister recommends to be adjudicators must have—

The Minister must ensure that there are, at all times, sufficient adjudicators with the necessary skills and experience to enable the efficient and timely exercise of the jurisdiction of the tribunal.

Adjudicators are appointed for a term not exceeding 5 years, but—

The chairperson or an adjudicator may be removed from office by the Governor-General if for any reason their performance of their functions and duties is adversely affected.

The chairperson of the tribunal and each adjudicator—

Expenses may be incurred without further appropriation than this section 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 the chairperson of the tribunal and adjudicators were members of a statutory Board as defined in section 2 of that Act.

Whether or not a hearing is required, the chairperson of the tribunal must convene 1 or more adjudicators, as the chairperson considers appropriate, to hear and determine an application before the tribunal as follows:

An Environment Commissioner or Deputy Environment Commissioner appointed to be an adjudicator on a matter under this Act or the Natural Environment Act 2025 must not hear or be appointed to hear the same matter in the Environment Court.

The Planning Tribunal may have a Registrar.

The office of Registrar may be held in conjunction with that of any other office in the public service.

The functions of the Registrar are—

If a tribunal Registrar is not appointed, the Registrar of the Environment Court must perform the role of Registrar in relation to the tribunal.

The chairperson, any adjudicator, or the Registrar (if appointed) are not personally liable for anything they say, do, or omit to say or do while acting in good faith in the performance of their functions and duties under this Act.

No person appointed to assist the Planning Tribunal will be personally liable for anything they say, do, or omit to say or do while acting in good faith in the performance of their functions and duties under this Act.

The tribunal is primarily authorised, in relation to a matter within its jurisdiction, to accept applications from persons entitled to apply to—

Unless otherwise provided for in this Act or the Natural Environment Act 2025, in order to give effect to a decision of the tribunal, the tribunal may make orders to—

Without limiting the ability of a person to make an informal approach to a local authority on a matter of concern, applications must not be made to a local authority under this clause to review or otherwise reconsider a matter that is within the jurisdiction conferred on the tribunal by this Act.

Persons entitled to, may apply to the tribunal in the approved form to review any of the following decisions or actions of a local authority:

Processing applications for permits, consents, private plan changes, and designations

A person applying for any of the matters listed in subclause (2) (the applicant) may apply to the tribunal to review a request and determine its reasonableness.

The matters referred to in subclause (1) are—

The tribunal may—

If the tribunal confirms the request for information, the time remaining to respond to the request resumes from the date on which the application was filed with the tribunal.

Any person who qualifies as an applicant (see subclause (8)) may apply to the tribunal in the approved form to review that decision for any legal or procedural error as follows:

The tribunal must not accept an application under subclause (1) if—

The tribunal, after reviewing a notification decision, may make an order—

If the tribunal replaces the local authority’s decision not to notify an application by requiring public notification or targeted notification, the applicant for the permit or consent and the local authority concerned must each comply within the applicable statutory time frame.

If the tribunal overturns a decision to notify an application, it may also determine the relevant time frame for processing the non-notified application or allow the local authority to make that determination in accordance with this Act.

If the tribunal overturns a decision not to notify an application and resolves the dispute by imposing its own decision rather than requiring notification, the local authority and the applicant must abide by the decision of the tribunal.

If the tribunal confirms the local authority’s decision to notify or not to notify a permit or consent application or an application for a proposed designation, the matter must proceed within the statutory time frame and the consent holder is entitled to exercise the resulting permit or consent.

To qualify as an applicant, for the purpose of this clause, a person must be—

An applicant for a permit or consent or a private plan change may apply to the tribunal to review the reasons for the application not being progressed in accordance with the relevant statutory time frame.

An application must not be filed in the tribunal until after the expiry of the relevant statutory time frame.

If alternative dispute resolution is not ordered, or does not result in the parties agreeing on a new time frame, the tribunal may make an order setting out a time frame within which the nominated steps must be completed.

In relation to any matter before it, the tribunal may refer the parties to an ADR process, including—

Regulations may prescribe the requirements for conducting an alternative dispute resolution process.

A person seeking a permit or consent for an activity may apply in the approved form to the tribunal to review a decision of the local authority to extend a statutory time frame for dealing with a permit or consent application.

The tribunal may review the decision of the local authority if the extension granted was made on the basis of special circumstances.

Regulations made under this Act in relation to the application, variation, or disapplication of time frames apply in relation to—

If a designating authority declines a request for permission to undertake work on designated land, or gives permission subject to conditions, the person requesting permission may apply to the tribunal to review the decision of the designating authority or of the conditions imposed.

The tribunal must have regard to whether the decision of the designating authority—

The tribunal may confirm or reverse the decision of the designating authority or modify the decision as it thinks appropriate.

Any person may apply to the tribunal in the approved form for a declaration as to the proper interpretation of the conditions of a permit or consent.

The tribunal, after considering an application lodged under subclause (1), may—

The tribunal may review an objection lodged under clause 74 of Schedule 3 against a local authority’s decision in considering an application for a review under clause 72 or 73 of that schedule.

In undertaking such a review, the tribunal’s primary considerations are whether the local authority has correctly applied the relief framework in the plan to the relevant property.

In making a determination, the tribunal must—

If the tribunal concludes that the local authority did not apply its relief framework correctly, the tribunal may specify other relief, but only to the extent that what the tribunal specifies is available under the operative land use plan.

A person may challenge certain decisions of a local authority by—

Subclause (1)(a) applies only if the application for a permit or consent—

The decisions by a local authority referred to in subclause (1) are those that relate to the following matters:

To avoid doubt, the tribunal must not review the merits of a decision of a local authority to—

Any challenge to a decision of a kind described in subclause (4) may only be by way of an appeal to the Environment Court under section 154.

Subject to matters of procedure prescribed by regulations made under this Act, or directed by an applicable practice note issued by the tribunal, the tribunal must regulate its own procedure in a way that best promotes the timely and efficient resolution of the matters within its jurisdiction.

There is a presumption that the tribunal will make a decision on the basis of the same evidentiary and legal considerations that were before the local authority, and that a hearing is not required.

However, the tribunal may, in the interests of justice and for the purpose of determining a matter before it,—

If the tribunal exercises the power described in subclause (5)(a), it must disclose the evidence or reports it receives to all parties and provide them with an opportunity to comment on the material.

Every decision and report, recommendation, determination, or order made by the tribunal must be given in writing and with reasons.

A person wishing to access the tribunal’s jurisdiction must file an application in the approved form, together with all relevant evidence, any other documentation required, and the prescribed fee.

At the same time as the application is filed, the applicant must serve a copy of the application on the relevant local authority.

If a local authority files an application for a declaration as to the interpretation of a permit or consent, or of the conditions of a permit of consent, it must serve a copy of the application on the holder of the relevant permit or consent.

If an applicant for review of a notification decision files an application outside the time specified in clause 16(1), the chairperson of the tribunal, on written request by the applicant, may—

If a third party files an application for review of a notification decision, the application must be served on the local authority and the permit or consent holder at the time it is filed with the tribunal.

If a local authority is served with an application under this clause, it must, within 5 working days after being served, provide to the tribunal the file relating to the application and any other information relevant to the proceeding.

The tribunal is not required to hold a hearing, in light of the presumption that matters coming before the tribunal will be determined—

However, the chairperson of the tribunal may give notice to the parties, in accordance with any prescribed requirements, if, in the opinion of the chairperson and on the advice of the adjudicator appointed to determine the application, a hearing—

An application for a rehearing must be lodged with the Registrar not later than 5 working days after the date of a decision, or within any further time allowed by the Tribunal.

The Registrar must send a copy of an application for a rehearing by to the other parties to the proceedings as soon as practicable after it is lodged with the Registrar.

If the chairperson of the tribunal considers that a rehearing is required in the interests of justice, the chairperson may order a rehearing of the whole or a part of the proceedings by the tribunal.

The provisions of this clause apply if a rehearing is ordered under subclause (5).

If a hearing is ordered by the adjudicator, the adjudicator may also direct that representation by legal counsel or other person is permitted, if that is required—

Whether or not a hearing is conducted, the tribunal may make orders to prevent publication or disclosure by other means of any part of the evidence given in a proceeding before it that is private information or information that should not be disclosed, subject to any conditions that the tribunal considers appropriate.

A person who breaches an order made under this section is liable on conviction to a fine not exceeding $3,000.

A person applying for a permit or consent and any person with a direct interest in the matter (the applicant), may apply for an order to strike out a proceeding or 1 or more of any conditions of a permit or consent granted by a local authority.

The tribunal may strike out an application for review, in whole or in part, if it is satisfied that the application—

If, in the opinion of the tribunal, a proceeding is frivolous or vexatious, the tribunal may make any of the following costs orders against that party:

The tribunal may order a party to pay to another party the costs, or part of the costs, of that party in connection with the proceedings if, in the opinion of the tribunal, a party has—

The tribunal may order a party to pay to another party or the Crown any costs and expenses incurred by the other party or the Crown for conduct such as—

The chairperson of the tribunal, in relation to a matter filed in the tribunal, may make an order to transfer a proceeding to the Environment Court or other court of competent jurisdiction if—

The Chief Judge of the Environment Court must agree before the chairperson of the tribunal may make a transfer under subclause (1).

If there is a challenge to the jurisdiction of the chairperson of the tribunal to make an order under subclause (1), the Chief Judge of the Environment Court may make that order if the judge considers that the matter would be more appropriately determined by the Environment Court.

Except as provided in subclause (2), a person who wishes to challenge a decision of the tribunal made under this schedule—

However, the right of appeal against the tribunal’s review of a notification decision (see clause 16), is to the High Court and is limited to an appeal on matters of law.

There is a right of appeal to the High Court against the tribunal’s decision on a notification review, but only on a point of law.

There is no right of appeal against the Environment Court’s decision on an appeal against a decision of the tribunal (see clause 74 of Schedule 9).

There is a right to apply to the High Court for judicial review against a decision of the tribunal, but only after the right of appeal to the Environment Court has been exercised by the applicant and the court has made a decision.

In the case of a notification review (see clause 14), if an applicant lodges both an appeal against a decision of the tribunal and an application for judicial review in the High Court, the applicant must lodge those proceedings together.

If applications are lodged together in accordance with subclause (2), the High Court must try to hear both proceedings together, unless the court considers it impracticable to do so in the circumstances of the particular case.

The Governor-General may, by Order in Council made on the recommendation of the Minister and with the concurrence of the Chief Environment Court Judge, make regulations—