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StatuteResource Management Act 1991

Section 265 — Resource Management Act 1991: Environment Court sittings

Text of the provision Official document

265 Environment Court sittings (1) The quorum for the Environment Court is— (a) One Environment Judge and one Environment Commissioner sitting together; or (b) One Environment Judge sitting alone for the purposes of section 279 or proceedings under Part 12 ; or (c) One Environment Commissioner sitting alone in accordance with a direction of the Principal Environment Judge under section 280 . (2) When an Environment Judge sits with an Environment Commissioner or special advisor, the Environment Judge shall preside at the sitting. (3) A decision of a majority of the members of the Environment Court present at a sitting is the decision of the Environment Court but, if there is no majority, the decision of the presiding member is the decision of the Environment Court. Subsection (1)(b) was amended, as from 7 July 1993, by section 133 Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “ 279 ” for the expression “ 278 ” . The words “ Environment Judge ” in subsections (1) and (2) were substituted, as from 2 September 1996, for the words “ Planning Judge ” pursuant to section 6(2)(b) Resource Management Amendment Act 1996 (1996 No 160). The words “ Environment Court ” in subsections (1) and (3) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160). The words “ Environment Court ” where they secondly appear in subsection (3) were substituted, as from 2 September 1996, for the word “ Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

Official source: legislation.govt.nz

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