Section 281 — Resource Management Act 1991: Waivers and directions

281 Waivers and directions (1) A person may apply to the Environment Court to— (a) Waive a requirement of this Act or another Act or a regulation about— (i) The time within which anything shall be served; or (ii) the time within which an appeal or submission to the Environment Court must be lodged; or (iia) the time within which a person must give notice under section 274 that the person wishes to be a party to the proceedings; or. (iii) The method of service; or (iv) The documents that shall be served; or (v) The persons on whom anything shall be served; or (vi) The information, or the accuracy of information, that shall be supplied; or (b) Give a direction about— (i) The time within which or the method by which anything is to be served; or (ii) What shall be served, whether or not the direction complies with this Act or any other Act or a regulation; or (iii) The terms, including terms as to adjournment, costs, or other things, on which any information shall be supplied. (2) The Environment Court shall not grant an application under this section unless it is satisfied that none of the parties to the proceedings will be unduly prejudiced. (3) Without limiting subsection (2) , the Environment Court shall not grant an application under this section to waive a requirement as to the time within which anything shall be lodged with the Environment Court (to which subsection (1)(a)(ii) applies) unless it is satisfied that— (a) The appellant or applicant and the respondent consent to that waiver; or (b) Any of those parties who have not so consented will not be unduly prejudiced. (4) Without limiting subsections (2) and (3) , the Environment Court may waive a requirement as to time under this section whether or not an application is made under this section before the requirement has been breached. (5) A Registrar may exercise a power in this section if conferred by the Principal Environment Judge either generally or in relation to a specific matter and, in either case, on such terms and conditions as the Principal Environment Judge thinks fit. The words “ Environment Court ” in subsections (1) to (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). Subsection (1)(a)(ii) was substituted, as from 1 August 2003, by section 79 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (1)(a)(iia) was inserted, as from 1 August 2003, by section 79 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (5) was inserted, as from 10 August 2005, by section 103 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.