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After the hearing - the decision!

It is generally inappropriate to communicate with the Court about the details of your case after the hearing is concluded and before the issue of the decision.

Decisions of the Environment Court are almost always reserved. That is, written judgments are delivered at a date after the hearing, rather than being given orally. This is due to the nature of the subject matter of the proceedings, which are often complex and of some public importance. The Court must give reasons for the decision it makes and therefore the preparation and drafting of the decision will take some time. You would normally expect to receive a decision within three months after the hearing concludes. Sometimes it can take longer.

Decisions regarding costs

The successful party can apply to the Environment Court for an award of costs. The Judge will then need to decide whether money should be paid to the successful party by the other party. This would contribute to the expenses they incurred from being involved in the case. The Judge will consider a number of factors in reaching their decision and will issue a judgment indicating the amount, if any, that must be paid.

If the party who has been ordered to pay costs refuses to do so, the award of costs can be enforced by the District Court.

Can I appeal the decision of the Environment Court?

The RMA provides for appeals to be made to the High Court on points of law only; for example where a party raises the question as to whether the Environment Court has interpreted legislation correctly. It is strongly recommended that you retain the services of a lawyer if you wish to make an appeal.

Complaints process

If you want to lay a complaint about an Environment Judge or Environment Commissioner you must do so in writing. A verbal complaint will not be accepted. Send your complaint, setting out your concerns and what remedies you seek, to the Principal Environment Judge, PO Box 7147, Auckland, or the Judicial Conduct Commissioner. Complaints need to specify the name of the judicial officer, the complainant's name and the actual conduct complained of. Further information can be accessed by contacting the Commissioner's Office at:

PO Box 2661
Wellington

Phone: 0800 800323

Email: judicialconduct@jcc.govt.nz

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