Section 356 — Resource Management Act 1991: Matters may be determined by arbitration

356 Matters may be determined by arbitration (1) Except as provided in subsection (2) , where— (a) Any persons are unable to agree about any matter in respect of which any of those persons has a right of appeal under this Act; and (b) Every person who has such a right of appeal agrees— any of those persons may apply to the Environment Court for an order authorising the matter to be determined by arbitration, under the Arbitration Act 1908, on such terms and conditions as the Environment Court considers appropriate. (2) No person may apply to the Environment Court for an order under subsection (1) in relation to any of the following matters: (a) Any matter relating to a requirement, designation, or heritage order: (b) Any matter relating to an application for a resource consent in respect of which the Minister has made a direction under section 141C : (c) Any matter relating to a proposed regional policy statement or proposed regional coastal plan. (3) Where an order under subsection (1) is made no person may, in relation to the matter to which the order relates, lodge or proceed with any appeal without the leave of the Environment Court. (4) Subject to the terms of any order made under subsection (1) , the arbitrator has the same powers, duties, and discretions in respect of any decision to which the order relates as the consent authority who made that decision; and may, in his or her award, confirm, amend, or cancel any such decision accordingly. (5) Except as otherwise expressly provided, nothing in this section shall limit the right of any persons to refer to arbitration any disputed matter arising under this Act. (6) [Repealed] The words “ Environment Court ” in subsections (1), and (2) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” pursuant to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 (2)(b) was amended, as from 10 August 2005, by section 123 Resource Management Amendment Act 2005 (2005 No 87) by substituting the expression “ section 141C ” for the words “ section 140 (which relates to call-in) ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (3) was amended, as from 1 August 2003, by section 86(1) Resource Management Amendment Act 2003 (2003 No 23) by omitting the words “ or make any reference to the Court under clause 14 of Schedule 1, ” . Subsection (6) was amended, as from 2 September 1996, pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160) by substituting the words “ Environment Court ” for the words “ Planning Tribunal ” . Subsection (6) was repealed, as from 1 August 2003, by section 86(2) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.