Section 287 — Resource Management Act 1991: Reference of questions of law to High Court

287 Reference of questions of law to High Court (1) The Environment Court may, in any proceedings before it, state a case for the opinion of the High Court on any point of law that arises in those proceedings; and for that purpose may either conclude the proceedings subject to that opinion, or adjourn them until after that opinion has been given. (2) The case shall be settled and signed by an Environment Judge and sent to the Registrar at the appropriate registry of the High Court. (3) The settling and signing of the case by an Environment Judge is deemed to be the statement of the case by the Environment Court. (4) The Environment Court may, in relation to any case stated under this section, after giving notice to the parties of its intention to do so, request the Registrar at the appropriate registry of the High Court for a fixture for the determination of the case. (5) For the purposes of this section, the appropriate registry of the High Court is the office of the High Court nearest to the place where the appeal, inquiry, or other proceedings was or is being conducted. The words “ Environment Court ” in subsection (1) 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 (2) 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 (2) was amended, as from 10 August 2005, by section 105(1) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ at the appropriate registry of the High Court ” for the words “ of the High Court at Wellington ” . See sections 131 to 135 of that Act as to the transitional provisions. 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). The words “ Environment Court ” in subsection (3) 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). The words “ Environment Court ” in subsection (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 (4) was amended, as from 10 August 2005, by section 105(2) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ at the appropriate registry of the High Court ” for the words “ of the High Court at Wellington ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (5) was repealed, as from 7 July 1993, by section 136 Resource Management Amendment Act 1993 (1993 No 65). Subsection (5) was inserted, as from 10 August 2005, by section 105(3) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.