Section 268 — Resource Management Act 1991: Alternative dispute resolution

268 Alternative dispute resolution (1) At any time after lodgment of any proceedings, for the purpose of encouraging settlement, the Environment Court, with the consent of the parties and of its own motion or upon request, may ask one of its members or another person to conduct mediation, conciliation, or other procedures designed to facilitate the resolution of any matter before or at any time during the course of a hearing. (2) A member of the Environment Court is not disqualified from resuming his or her role to decide a matter by reason of the mediation, conciliation, or other procedure under subsection (1) if— (a) The parties agree that the member should resume his or her role and decide the matter; and (b) The member concerned and the Environment Court are satisfied that it is appropriate for him or her to do so. The heading to section 268 was amended, as from 10 August 2005, by section 98 Resource Management Amendment Act 2005 (2005 No 87) by substituting the word “ Alternative ” for the word “ Additional ” . See sections 131 to 135 of that Act as to the transitional provisions. The words “ Environment Court ” in subsection (1) and (2) 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 ” in subsection (2)(b) 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).