What is the role of the Environment Court?
The Environment Court is a specialist court operating under the RMA. The Environment Court has the same powers as the District Court and considers appeals on council decisions about:
- resource consents
- abatement notices
- proposed district and regional plans
- proposed regional policy statements.
The Environment Court also considers:
- applications for declarations
- enforcement orders
- appeals on designations
- appeals on heritage orders
- submissions on a special tribunal’s report on an application for a water conservation order. The Court must hold a public enquiry if it receives one or more submissions.
The Environment Court is able to hear the matters that were before the council. This is sometimes called a hearing ‘de novo’, or ‘as new’. When the Court hears an appeal or inquiry it must have regard to the council’s decision (or the decision of the requiring authority or special tribunal where appropriate), but it is not bound by it.
The Environment Court has the power to:
- direct councils to make changes to their policy statements or plans
- confirm, amend or cancel decisions on applications for resource consents and designations
- stay or confirm abatement notices
- make or decline to make declarations and make or refuse to make enforcement orders
- award costs in favour of one or other of the parties involved.
The Environment Court registries are located in Christchurch, Wellington and Auckland. However, to ensure that it is accessible, the Court holds sittings as required throughout the country. These will usually be held as close as possible to the site that the proceeding is concerned with.
