Section 274 — Resource Management Act 1991: Representation at proceedings

274 Representation at proceedings (1) The following persons may be a party to any proceedings before the Environment Court: (a) the Minister: (b) a local authority: (c) a person who has an interest in the proceedings that is greater than the public generally: (d) a person representing a relevant aspect of the public interest: (e) a person who made a submission in the previous proceedings on the same matter. (2) A person described in subsection (1) may become a party to the proceedings by giving notice to the Environment Court and to all parties within 30 working days after the notice of appeal or notice of inquiry is lodged, or other proceedings are commenced. (3) The notice given under subsection (2) must state— (a) the proceedings in which the person has an interest; and (b) whether the person supports or opposes the relief sought and the reasons for that support or opposition; and (c) if applicable, the grounds for seeking representation under subsection (1)(c) or (d) ; and (d) an address for service. (4) A person who becomes a party to the proceedings under this section may appear and call evidence in accordance with subsections (4A) and, if relevant, (4B) . (4A) Evidence must not be called under subsection (4) unless it is on matters within the scope of the appeal, inquiry, or other proceeding. (4B) However, in the case of a person described in subsection (1)(e) , evidence may only be called if it is both— (a) within the scope of the appeal, inquiry, or other proceeding; and (b) on matters arising out of that person's submissions in the previous related proceedings or on any matter on which that person could have appealed. (5) A person who becomes a party to the proceedings under this section may not oppose the withdrawal or abandonment of the proceedings unless the proceedings were brought by a person who made a submission in the previous proceedings on the same matter. (6) For the purposes of determining whether a person has an interest in proceedings greater than the public generally, the Environment Court must have regard to every relevant statutory acknowledgment (within the meaning of an Act specified in Schedule 11 ) in accordance with the provisions of the relevant Act in that schedule. (7) Subsection (2) is subject to section 281 . Subsection (1) was amended, as from 2 September 1996, by section 13 Resource Management Amendment Act 1996 (1996 No 160) by inserting the words “ any person representing some relevant aspect of the public interest, ” . The words “ Environment Court ” in the original subsection (1) and (2) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” and “ Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160). Subsection (3) was inserted, as from 1 October 1998, by section 225 Ngai Tahu Claims Settlement Act 1998 (1998 No 97). See clause 2 Ngai Tahu Claims Settlement Act Commencement Order 1998 (SR 1998/295). Section 274 was substituted, as from 1 August 2003, by section 76 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (4) was substituted, as from 10 August 2005, by section 99 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsections (4A) and (4B) were inserted, as from 10 August 2005, by section 99 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.