Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 274 — Representation at proceedings
274 Representation at proceedings (1) The following persons may be a party to any proceedings before the Environment Court: (a) the Minister: (b) a local authority: (c) a person who has an interest…
Section 275 — Personal appearance or by representative
275 Personal appearance or by representative A person who has a right to appear or is allowed to appear before the Environment Court may appear in person or be represented by another person. The…
Section 276 — Evidence
276 Evidence (1) The Environment Court may— (a) Receive anything in evidence that it considers appropriate to receive; and (b) Call for anything to be provided in evidence which it considers will…
Section 276A — Evidence of documents
276A Evidence of documents A copy of, or extract from, a policy statement or plan, certified to be a true copy by the principal administrative officer or by any other authorised officer of the…
Section 277 — Hearings and evidence generally to be public
277 Hearings and evidence generally to be public (1) All hearings of the Environment Court shall be held in public except as provided in subsection (2) . (2) The Environment Court may— (a) Order that…
Section 278 — Environment Court has powers of a District Court
278 Environment Court has powers of a District Court (1) The Environment Court and Environment Judges have the same powers that a District Court has in the exercise of its civil jurisdiction,…
Section 279 — Powers of an Environment Judge sitting alone
279 Powers of an Environment Judge sitting alone (1) An Environment Judge sitting alone may make any of the following orders: (a) An order in the course of proceedings: (b) An order that is not…
Section 280 — 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…
Section 281 — 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…
Section 281A — Registrar may waive, reduce, or postpone payment of fee
281A Registrar may waive, reduce, or postpone payment of fee (1) The Registrar may waive, reduce, or postpone the payment to the Court of any fee prescribed by regulations made under this Act. (2)…
Section 281B — Review of exercise of power by Registrar
281B Review of exercise of power by Registrar (1) A person directly affected by the exercise of a power by a Registrar may apply to an Environment Judge to reconsider the matter. (2) The application…
Section 282 — Power to commit for contempt
282 Power to commit for contempt (1) If any person— (a) Wilfully insults, assaults, threatens, or intimidates the Environment Court or any member of it or any special advisor to or officer of the…
Section 283 — Non-attendance or refusal to co-operate
283 Non-attendance or refusal to co-operate (1) Except as provided in subsection (2) , no person shall, without reasonable cause— (a) Fail to appear in accordance with a summons issued by an…
Section 284 — Witnesses' allowances
284 Witnesses' allowances (1) A witness attending the Environment Court in accordance with a summons is entitled to be paid, by the party requiring his or her attendance, expenses for travelling and…
Section 284A — Security for costs
284A Security for costs (1) The Environment Court does not have the power to order a party to give security for costs. (2) Subsection (1) overrides any other enactment relating to security for costs.…
Section 285 — Awarding costs
285 Awarding costs (1) The Environment Court may order any party to pay— (a) To any other party, such costs and expenses (including witness expenses) incurred by that other party as the Environment…
Section 286 — Enforcing orders for costs
286 Enforcing orders for costs An order for costs made by the Environment Court may be filed in the District Court of the district named in the order and then becomes enforceable as a judgment of the…
Section 287 — 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…
Section 288 — Privileges and immunities
288 Privileges and immunities Witnesses and counsel appearing before the Environment Court have the same privileges and immunities as they have when they appear in the same capacity in proceedings in…
Section 289 — Reply to appeal or request for inquiry
289 Reply to appeal or request for inquiry Where notice of an appeal or inquiry is given, the person whose decision is appealed against, or is the subject of the inquiry, shall— (a) Within 20 working…
Section 290 — Powers of Environment Court in regard to appeals and inquiries
290 Powers of Environment Court in regard to appeals and inquiries (1) The Environment Court has the same power, duty, and discretion in respect of a decision appealed against, or to which an inquiry…
Section 290A — Environment Court to have regard to decision that is subject of appeal or inquiry
290A Environment Court to have regard to decision that is subject of appeal or inquiry In determining an appeal or inquiry, the Environment Court must have regard to the decision that is the subject…
Section 291 — Other proceedings before Environment Court
291 Other proceedings before Environment Court (1) Except as otherwise provided in this Act, or any other Act, or regulation, every originating application to the Environment Court shall be made by…
Section 292 — Remedying defects in plans
292 Remedying defects in plans (1) The Environment Court may, in any proceedings before it, direct a local authority to amend a regional plan or district plan to which the proceedings relate for the…
Section 293 — Environment Court may order change to policy statements and plans
293 Environment Court may order change to policy statements and plans (1) After hearing an appeal against, or an inquiry into, the provisions of any policy statement or plan that is before the…
Section 293A — Determinations relating to customary rights orders made under Foreshore and Seabed Act 2004
293A Determinations relating to customary rights orders made under Foreshore and Seabed Act 2004 (1) This section applies to a determination made by the Environment Court on— (a) an appeal relating…
Section 294 — Review of decision by Environment Court
294 Review of decision by Environment Court (1) Where, after any decision has been given by the Environment Court, new and important evidence becomes available or there has been a change in…
Section 295 — Environment Court decisions are final
295 Environment Court decisions are final A decision of the Environment Court under this Act, or another Act, or regulation, on any matter other than an inquiry, is final unless it is reheard under…
Section 296 — No review of decisions unless right of appeal or reference to inquiry exercised
296 No review of decisions unless right of appeal or reference to inquiry exercised If there is a right to refer any matter for inquiry to the Environment Court or to appeal to the Environment Court…
Section 297 — Decisions of Environment Court to be in writing
297 Decisions of Environment Court to be in writing Every decision, determination, or order of the Environment Court, unless it is pronounced orally at a sitting of the Environment Court, and every…
Section 298 — Documents judicially noticed
298 Documents judicially noticed The Environment Court shall continue to have a seal, and a document to which the seal of the Environment Court has been affixed shall be judicially noticed. The words…
Section 299 — Appeal to High Court on question of law
299 Appeal to High Court on question of law (1) A party to a proceeding before the Environment Court under this Act or any other enactment may appeal on a point of law to the High Court against any…
Section 300 — Notice of appeal
300 Notice of appeal (1) An appellant shall file a notice of appeal within 15 working days after the date on which the appellant is notified of the Environment Court 's decision or report and…
Section 301 — Right to appear and be heard on appeal
301 Right to appear and be heard on appeal (1) A party to any proceedings or any person who appeared before the Environment Court, who wishes to appear on an appeal to the High Court shall give…
Section 302 — Parties to the appeal before the High Court
302 Parties to the appeal before the High Court (1) The parties to an appeal before the High Court are the appellant and any person who gives notice of intention to appear under section 301 . (2) The…
Section 303 — Orders of the High Court
303 Orders of the High Court (1) The High Court may, on application to it or on its own motion, make an order directing the Environment Court to lodge with the Registrar of the High Court any or all…
Section 304 — Dismissal of appeal
304 Dismissal of appeal The High Court may dismiss an appeal if— (a) The appellant does not appear at the hearing of the appeal; or (b) The appellant does not proceed with the appeal with due…
Section 305 — Additional appeals on points of law
305 Additional appeals on points of law (1) When a party to an appeal other than the appellant wishes to contend that the decision or report and recommendation of the Environment Court is in error on…
Section 306 — Extension of time
306 Extension of time On the application of a party to an appeal, the High Court may extend any period of time stated in sections 299 to 301 , 303 , and 305 .
Section 307 — Date of hearing
307 Date of hearing When a party to an appeal notifies the Registrar of the High Court— (a) That the notice of appeal has been served on all parties to the proceedings; and (b) Either— (i) That no…
Section 308 — Appeals to the Court of Appeal
308 Appeals to the Court of Appeal Section 144 of the Summary Proceedings Act 1957 applies in respect of a decision of the High Court under section 299 of this Act as if the decision has been made…
Section 309 — 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…
Section 310 — Scope and effect of declaration
310 Scope and effect of declaration A declaration may declare— (a) The existence or extent of any function, power, right, or duty under this Act, including (but, except as expressly provided, without…
Section 311 — Application for declaration
311 Application for declaration (1) Subject to subsections (2) and (3) , any person may at any time apply to the Environment Court in the prescribed form for a declaration. (2) No person (other than…
Section 312 — Notification of application
312 Notification of application (1) The applicant for a declaration shall serve notice of the application in the prescribed form on every person directly affected by the application. (2) Every notice…
Section 313 — Decision on application
313 Decision on application After hearing the applicant, and any person served with notice of the application, and any other person who has the right to be represented at proceedings under section…
Section 314 — Scope of enforcement order
314 Scope of enforcement order (1) An enforcement order is an order made under section 319 by the Environment Court that may do any one or more of the following: (a) Require a person to cease, or…
Section 315 — Compliance with enforcement order
315 Compliance with enforcement order (1) Where an enforcement order is made against a person, and that enforcement order is served on that person, that person shall— (a) Comply with the order; and…
Section 316 — Application for enforcement order
316 Application for enforcement order (1) Any person may at any time apply to the Environment Court in the prescribed form for an enforcement order of a kind specified in paragraphs (a) to (d) of…
Section 317 — Notification of application
317 Notification of application (1) Except as provided in section 320 (which relates to interim enforcement orders), where an application for an enforcement order is made, the applicant shall serve…