Section 279 — Resource Management Act 1991: Powers of an Environment Judge sitting alone

279 Powers of an Environment Judge sitting alone (1) An Environment Judge sitting alone may make any of the following orders: (a) An order in the course of proceedings: (b) An order that is not opposed: (c) An order in respect of a matter which the parties to the proceedings agree should be heard and decided by an Environment Judge sitting alone: (d) An order giving directions as to service of anything: (e) An order in any proceedings when the matter at issue is substantially a question of law only: (f) An order made on the application of a party to proceedings directing that any proceedings should be heard and decided by an Environment Judge sitting alone because the matter at issue is substantially a question of law only: (fa) An order, in any proceedings where questions of law and other matters are raised, directing that any proceedings should be heard and decided by one Environment Judge and one Environment Commissioner sitting together. (g) An order as to costs: (h) An order made on an application for a rehearing: (i) An order on any appeal against any requirement to pay an administrative charge: (j) A declaration relating to any inconsistency between a plan and a policy statement: (k) An order directing that any determination under section 91 (deferral pending application for additional consents) be revoked. (2) An Environment Judge sitting alone may— (a) Exercise any powers conferred by the Principal Environment Judge that could have been conferred on an Environment Commissioner under section 280 ; and (b) Waive a requirement or give a direction under section 281 . (3) An Environment Judge sitting alone may, having regard to the matters set out in section 42 and to such other matters as the Environment Judge thinks fit,— (a) On an application made under section 42(4) , and on such terms as the Judge thinks fit, make an order cancelling or varying any order made by a local authority under that section: (b) On an application made under section 42(5) , and on such terms as the Judge thinks fit, make an order described in section 42(2) and having the same effect as an order made under section 42 : (c) On an application made at any stage of proceedings before the Environment Court, and on such terms as the Judge thinks fit, make an order described in section 42(2) and having the same effect as an order made under section 42 —

or may decline to make any such order. (4) An Environment Judge sitting alone may, at any stage of the proceedings and on such terms as the Judge thinks fit, order that the whole or any part of that person's case be struck out if the Judge considers— (a) That it is frivolous or vexatious; or (b) That it discloses no reasonable or relevant case in respect of the proceedings; or (c) That it would otherwise be an abuse of the process of the Environment Court to allow the case to be taken further. The words “ Environment Judge ” 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). Subsection (1)(fa) was inserted, as from 7 July 1993. by section 134 Resource Management Amendment Act 1993 (1993 No 65). The words “ Environment Court ” in subsection (3) and (4) 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 Commissioner ” were substituted, as from 2 September 1996, for the words “ Planning Commissioner ” pursuant to section 6(2)(c) Resource Management Amendment Act 1996 (1996 No 160).