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Planning Bill

Enforcement and other matters - Enforcement - Proceedings under this subpart

227: Proceedings to be heard by an Environment Judge

You could also call this:

"Who hears cases about the environment under the Planning Bill"

If a case is brought under this part of the proposed Planning Bill, it will usually be heard by an Environment Judge or the Environment Court. You will hear from an Environment Judge or the Environment Court, except in some special cases. The proposed law says which cases can be heard in the District Court instead. When someone asks for an interim enforcement order, the case can be heard by an Environment Judge or in the District Court. You might see a District Court Judge who is also an Environment Judge in these cases. Some appeals and orders can be heard by an Environment Judge or an Environment Commissioner. Cases about offences or infringement offences will be heard in the District Court. You might see a District Court Judge who is also an Environment Judge in these cases. An Environment Judge can move a case to the District Court if it is related to another case already being heard there. There is an exception for protected customary rights. These rights are treated differently under the proposed law. Some parts of the proposed law, like those about declarations and emergency works, still apply to protected customary rights.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528593.

This page was last updated on 12 December 2025 — View changes

Topics:

Environment and resources > Town planningCrime and justice > Courts and legal help

226: Order for payment of EPA’s costs in bringing a prosecution, or

"Paying for the EPA's costs if you break the law"

228: Scope and effect of declaration, or

"What a declaration means and how it works under the Planning Bill"

Part 6Enforcement and other matters
Enforcement: Proceedings under this subpart

227Proceedings to be heard by an Environment Judge

All proceedings under this subpart must be heard by an Environment Judge sitting alone or by the Environment Court, except as provided in subsections (2) and (3).
Proceedings under section 238 (which relates to interim enforcement orders) must be heard either by an Environment Judge sitting alone or—
in the District Court; and
except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is an Environment Judge.

Proceedings under section 243 or 244 (which relate to appeals against abatement notices and power to stay an order) that may be heard by an Environment Judge may also be heard by an Environment Commissioner.
All proceedings under section 254 (which relates to offences) and section 263 (which relates to infringement offences) must be heard—
in the District Court; and
except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is also an Environment Judge.

An Environment Judge may transfer to the District Court any proceedings under this Part for enforcement action if the action is associated with proceedings under section 254 for an offence and the Judge considers that the proceedings for enforcement action should be heard together with the proceedings in the District Court for the offence.
This does not apply to a protected customary right.
However, sections 228 to 231 (which relate to the Court making declarations) and sections 275 to 278 (which enable emergency works) apply to the exercise of a protected customary right.