Environment Court of New Zealand
Encyclopedia
The Environment Court of New Zealand
(Māori
: Te Kooti Taiao o Aotearoa) is a specialist court for planning permits and environment
al issues. It mainly deals with issues arising under the Resource Management Act, meaning that it covers a wide range of potential future effects of planning applications, which can include such areas as traffic congestion, noise/pollution emissions and social and commercial consequences, rather than just the 'ecologic' aspects that could be implied by the 'environmental' term.
The Environment Court replaced the Planning Tribunal as a result of the Resource Management Amendment Act 1996.
s and enforcement. Virtually all important processes and decisions under the Resource Management Act
1991, such as regional policy statements, regional and district plans, resource consent
s and water conservation orders
, may be reviewed in the Environment Court.
In particular, the Environment Court hears appeals on decisions on applications for resource consent
on a 'de novo' basis. The Environment Court does not review the decision: it hears any evidence it requires and makes its own decision, which replaces that of the local authority. It focuses on "the merits and substance of the particular decision at issue, not the deliberative process of the executive authority that made the initial decision."
The Environment Court also has the power to make declarations that interpret the law under the Resource Management Act
.
The Environment Court has the status and powers of a District Court, so it can conduct prosecutions and enforcement of the Resource Management Act
through civil or criminal proceedings.
The Environment Court also has functions under other statutes:
Decisions of the Environment Court may only be appealed to the High Court of New Zealand
on a point of law.
, Auckland
, and Christchurch
, but they travel to other centres on circuit as needed.
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
(Māori
Maori language
Māori or te reo Māori , commonly te reo , is the language of the indigenous population of New Zealand, the Māori. It has the status of an official language in New Zealand...
: Te Kooti Taiao o Aotearoa) is a specialist court for planning permits and environment
Natural environment
The natural environment encompasses all living and non-living things occurring naturally on Earth or some region thereof. It is an environment that encompasses the interaction of all living species....
al issues. It mainly deals with issues arising under the Resource Management Act, meaning that it covers a wide range of potential future effects of planning applications, which can include such areas as traffic congestion, noise/pollution emissions and social and commercial consequences, rather than just the 'ecologic' aspects that could be implied by the 'environmental' term.
History
The history of independent appeal courts addressing environmental matters began with the establishment of Appeal Boards under the Town and Country Planning Act 1953. The first planning appeals were heard in February 1955. The Appeal Boards were replaced by the Planning Tribunal following the passing of the Town and Country Planning Act 1977.The Environment Court replaced the Planning Tribunal as a result of the Resource Management Amendment Act 1996.
Jurisdiction
The Environment Court has a substantially larger role than the Planning Tribunal, with expanded functions and powers over planning, resource consentResource consent
A resource consent is the authorisation given to certain activities or uses of natural and physical resources required under the New Zealand Resource Management Act . Some activities may either be specifically authorised by the RMA or be permitted activities authorised by rules in plans...
s and enforcement. Virtually all important processes and decisions under the Resource Management Act
Resource Management Act
The Resource Management Act passed in 1991 in New Zealand is a significant, and at times, controversial Act of Parliament. The RMA promotes the sustainable management of natural and physical resources such as land, air and water...
1991, such as regional policy statements, regional and district plans, resource consent
Resource consent
A resource consent is the authorisation given to certain activities or uses of natural and physical resources required under the New Zealand Resource Management Act . Some activities may either be specifically authorised by the RMA or be permitted activities authorised by rules in plans...
s and water conservation orders
Water Conservation Order
A water conservation order is a legal ruling to protect aspects of water bodies. It may be to protect the quantity of the water itself or for any issues relating to the water body as a whole.-New Zealand:...
, may be reviewed in the Environment Court.
In particular, the Environment Court hears appeals on decisions on applications for resource consent
Resource consent
A resource consent is the authorisation given to certain activities or uses of natural and physical resources required under the New Zealand Resource Management Act . Some activities may either be specifically authorised by the RMA or be permitted activities authorised by rules in plans...
on a 'de novo' basis. The Environment Court does not review the decision: it hears any evidence it requires and makes its own decision, which replaces that of the local authority. It focuses on "the merits and substance of the particular decision at issue, not the deliberative process of the executive authority that made the initial decision."
The Environment Court also has the power to make declarations that interpret the law under the Resource Management Act
Resource Management Act
The Resource Management Act passed in 1991 in New Zealand is a significant, and at times, controversial Act of Parliament. The RMA promotes the sustainable management of natural and physical resources such as land, air and water...
.
The Environment Court has the status and powers of a District Court, so it can conduct prosecutions and enforcement of the Resource Management Act
Resource Management Act
The Resource Management Act passed in 1991 in New Zealand is a significant, and at times, controversial Act of Parliament. The RMA promotes the sustainable management of natural and physical resources such as land, air and water...
through civil or criminal proceedings.
The Environment Court also has functions under other statutes:
- Forests Act 1949 - Appeals about felling beech forests,
- Local Government Act 1974 - Objections to road stopping proposals,
- Public Works Act 1981 - Objections to the compulsory taking of land,
- Transit New Zealand Act 1989 - Objections regarding access to limited access roads,
- Crown Minerals Act 1991 - Administration of existing privileges,
- Electricity Act 1992 - Disputes about land access to existing works,
- Historic Places Act 1993 - Appeals about archaeological sites,
- Biosecurity Act 1993 - Appeals about regional pest strategies,
- Maori Commercial Aquaculture Claim Settlement Act 2004 - Appeals against allocation decisions of regional councils.
Decisions of the Environment Court may only be appealed to the High Court of New Zealand
High Court of New Zealand
The High Court of New Zealand is a superior court of New Zealand. It was established in 1841 and known as the Supreme Court of New Zealand until 1980....
on a point of law.
Structure
The Environment Court is a single court, but it has no centralised courthouse and it sits in courthouses across the country. Judges for the court are permanently stationed in WellingtonWellington
Wellington is the capital city and third most populous urban area of New Zealand, although it is likely to have surpassed Christchurch due to the exodus following the Canterbury Earthquake. It is at the southwestern tip of the North Island, between Cook Strait and the Rimutaka Range...
, Auckland
Auckland
The Auckland metropolitan area , in the North Island of New Zealand, is the largest and most populous urban area in the country with residents, percent of the country's population. Auckland also has the largest Polynesian population of any city in the world...
, and Christchurch
Christchurch
Christchurch is the largest city in the South Island of New Zealand, and the country's second-largest urban area after Auckland. It lies one third of the way down the South Island's east coast, just north of Banks Peninsula which itself, since 2006, lies within the formal limits of...
, but they travel to other centres on circuit as needed.
External links
- Environment Court of New Zealand : official site
- Your Guide to the Environment Court: An Everyday Guide to the RMA. Series 6.1, Ref. ME760, Ministry for the Environment, Wellington, New Zealand, June 2006. portable document format, and web page
- The Environment Court - process, conduct and protocol at the hearing and what happens after the hearing. See How the Land Lies