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Natural Environment Bill

Enforcement and other matters - Enforcement - Proceedings under this subpart

253: Proceedings to be heard by Environment Judge

You could also call this:

"Environment cases are heard by a special environment judge"

Illustration for Natural Environment Bill

If a case is about the natural environment, it will be heard by an Environment Judge or the Environment Court. You will hear cases about the environment in a special court with a judge who knows about the environment. The judge can decide where the case is heard. If someone breaks an environmental rule, their case will be heard in the District Court. You can have a special judge who knows about the environment hear the case in the District Court. The Environment Judge can move a case to the District Court if it is related to another case. Some cases are special and have different rules. The special rules do not apply to protected customary rights, but some other rules still do. These rules are about keeping people and the environment safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1541891.

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Topics:
Environment and resources > ConservationCrime and justice > Courts and legal help
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"What a declaration means and how it affects the rules"

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

253Proceedings to be heard by Environment Judge

  1. 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).

  2. Proceedings under section 264 (which relates to interim enforcement orders) must be heard either by an Environment Judge sitting alone or—

  3. in the District Court; and
    1. except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is an Environment Judge.

      1. Proceedings under section 269 or 270 (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.

      2. All proceedings under section 278 (which relates to offences) and section 289 (which relates to infringement offences) must be heard—

      3. in the District Court; and
        1. except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is also an Environment Judge.

          1. 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 278 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.

          2. This does not apply to a protected customary right.

          3. However, sections 254 to 257 (which relate to the Court making declarations) and sections 302 to 304 (which enable emergency works) apply to the exercise of a protected customary right.