Section 280 — Resource Management Act 1991: Powers of Environment Commissioner sitting without Environment Judge

280 Powers of Environment Commissioner sitting without Environment Judge (1) An Environment Commissioner or Environment Commissioners sitting without an Environment Judge may exercise such powers as may be conferred by the Principal Environment Judge either generally or in relation to a particular matter, and on such terms and conditions as the Principal Environment Judge may think fit, including a power to— (a) issue summonses requiring the attendance of witnesses; and (b) convene a conference under section 267 . (1A) An order made by an Environment Commissioner under subsection (1) must be treated as if it were an order of the Environment Court. (1B) An Environment Commissioner may take a declaration or an affidavit. (2) Any party may, within 15 working days of the exercise of any power under this section, apply in writing to an Environment Judge for leave to make an application for a review of the exercise of that power by a fully constituted Environment Court. (3) If leave is granted by an Environment Judge, the party may, within a further 7 working days, apply in writing for a review of the exercise of that power by a fully constituted Environment Court. (4) The Environment Court, on any such review, may substitute or set aside the Environment Commissioner's decision and make such further or other orders as the case may require. Subsection (1) was amended, as from 2 September 1996, by section 15(1) Resource Management Amendment Act 1996 (1996 No 160) by omitting the words “ (not including the power to hear and determine proceedings) ” . The words “ Environment Judge ” in subsection (1) 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) was substituted, as from 10 August 2005, by section 102 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1A) was inserted, as from 2 September 1996, by section 15(2) Resource Management Amendment Act 1996 (1996 No 160). Subsection (1A) was repealed, as from 1 August 2003, by section 78 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsections (1A) and (1B) were inserted, as from 10 August 2005, by section 102 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (2) was amended, as from 2 September 1996, by section 15(1) Resource Management Amendment Act 1996 (1996 No 160) by inserting the words “ to an Environment Judge ” . The words “ Environment Court ” in subsections (2), (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 Judge ” in subsection (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).