Section 278 — Resource Management Act 1991: Environment Court has powers of a District Court

278 Environment Court has powers of a District Court (1) The Environment Court and Environment Judges have the same powers that a District Court has in the exercise of its civil jurisdiction, including, without limitation, the power to commission a report from an independent expert on any matter raised in an appeal, as provided for by rules 342 to 348 of the District Courts Rules 1992 . (1A) Despite rule 346 of the District Courts Rules 1992 , an independent expert from whom a report is commissioned under subsection (1) must be available to be cross-examined by any party. (2) An application for an order for discovery or production of documents may be made only with the leave of an Environment Judge. (3) If the Registrar is directed to do so by an Environment Judge, the Registrar may act on behalf of the Environment Court or an Environment Judge in doing any act preliminary or incidental to any proceedings, including— (a) the issuing of summonses requiring the attendance of witnesses; and (b) the making of an order for the production of documents; and (c) the convening of a conference under section 267 . (4) An order made by the Registrar under subsection (3) or an application granted under section 281 must be treated as if it were an order of the Environment Court. (5) The Registrar may take a statutory declaration or an affidavit. Subsection (1) was substituted, as from 2 September 1996, by section 14 Resource Management Amendment Act 1996 (1996 No 160). Subsection (1) was amended, as from 10 August 2005, by section 101(1) Resource Management Amendment Act 2005 (2005 No 87) by adding the words “ , including, without limitation, the power to commission a report from an independent expert on any matter raised in an appeal, as provided for by rules 342 to 348 of the District Courts Rules 1992 ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1A) was inserted, as from 10 August 2005, by section 101(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. The words “ Environment Judge ” in subsections (2) and (3) 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 subsection (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 ” in subsection (3) (where they secondly appear) 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). Subsection (3) was substituted, as from 10 August 2005, by section 101(3) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsections (4) and (5) were inserted, as from 10 August 2005, by section 101(3) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.