Section 309 — Resource Management Act 1991: Proceedings to be heard by an Environment Judge

309 Proceedings to be heard by an Environment Judge (1) All proceedings under sections 310 to 319 , and 321 to 325 (which relate to declarations, enforcement orders, and abatement notices) shall be heard by an Environment Judge sitting alone or by the Environment Court. (2) Proceedings under section 320 (which relates to interim enforcement orders) shall be heard either by an Environment Judge sitting alone or— (a) In the District Court; and (b) Except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is an Environment Judge. (3) All proceedings under section 338 (which relates to offences) shall be heard— (a) In the District Court; and (b) Except where otherwise directed by the Chief District Court Judge, by a District Court Judge who is also an Environment Judge. (4) This Part does not apply to a recognised customary activity carried out in accordance with section 17A(2) . (5) However, sections 310 to 313 and sections 330 to 337 apply to the exercise of a recognised customary activity. 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 subsections (1) to (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). Subsections (4) and (5) were inserted, as from 17 January 2005, by section 30 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.