What actions does the Environment Court consider?
Council decisions
If you are the applicant, the consent holder, or have made a submission, you may appeal a council's decision regarding:
- an application for a resource consent
- an application for a change of consent conditions
- where there has been a review of the conditions of an existing consent.
Unless the Environment Court decides otherwise, the consent cannot be started until the appeal has been resolved. Anyone who has objected to a council decision relating to matters such as additional charges or costs, or further information requests may appeal the council's decision on the objection to the Environment Court.
If you have made a submission regarding a proposed plan or policy statement,a change to an operative plan or a variation to a proposed plan, you can appeal the council's decision. Your appeal must be limited to the subject matter of your original submission. You can also appeal a council's decision to refuse or defer your request for a change to a plan or policy statement.
If you have received an abatement notice from a council requiring you to stop, or not to start, a certain activity you can appeal this in the Environment Court. You can also apply to the Court for a stay of the abatement notice. If the Court orders a stay, then you will not have to comply with the notice while your appeal is being resolved. It is an offence to not comply with an abatement notice if you have not been granted a stay by the Court and you could be prosecuted through the District Court for this.
Decisions of requiring authorities
The term designation refers to a provision in a district plan that gives effect to a requirement made by a requiring authority. This is when a requiring authority (such as a government department, electricity or telecommunications company) wants to use land for the construction or operation of a major work. They will first provide the council with a 'notice of requirement'.The council will publicly notify this, and will hear submissions regarding it. The council then makes recommendations, which take the submissions into account, to the requiring authority. The requiring authority can accept or reject these recommendations, and may modify the requirement. For more information on the designation process, refer to 'An Everyday Guide to the RMA' booklet 4.1 The Designation Process.
The council, or anyone who has made a submission, can lodge an appeal with the Environment Court against the decision of the requiring authority. The Court can confirm or cancel the requirement, or can modify or impose conditions on it.
Alternatively, the council may notify the designation as part of its proposed plan. There may also be existing designations that a requiring authority wishes to continue or have modified in a proposed plan. Submissions can be made to the council regarding the plan, including any designations contained in it. If you have made such a submission you can appeal against the decision of a requiring authority regarding a designation. These processes also apply to heritage protection orders that are required by heritage protection authorities.
Actions involving other legislation
There are further appeals that can be lodged with the Environment Court that involve legislation other than the Resource Management Act.
- Objections to compulsory taking of land
Relevant legislation: Forests Act 1949, Local Government Act 1974, Public Works Act 1981, Transit New Zealand Act 1989, Crown Minerals Act 1991, Historic Places Act 1993, Electricity Act 1992, Biosecurity Act 1993, Māori Commercial Aquaculture Claim Settlement Act 2004 - Appeals about archaeological sites
Relevant legislation: Historic Places Act 1993 - Appeals about felling beech forests
Relevant legislation: Forests Act 1949 - Objections to road stopping proposals
Relevant legislation: Local Government Act 1974 - Objections regarding access to limited access roads
Relevant legislation: Transit New Zealand Act 1989 - Appeals about regional pest management strategies
Relevant legislation: Biosecurity Act 1993 - Disputes over access to private land to maintain electrical transmission lines
Relevant legislation: Electricity Act 1992 - Administration of existing privileges
Relevant legislation: Crown Minerals Act 1991 - Appeals against allocation decisions of regional councils
Relevant legislation: Māori Commercial Aquaculture Claim Settlement Act 2004.
Applications
As well as appeals, there are certain applications that can be made to the Environment Court by councils or individuals.
The Environment Court can be asked to define or clarify a matter associated with the operation of the RMA. This is called a declaration. For example, a council may apply for a declaration that an activity is not allowed by the RMA or by a council plan. Individuals can also seek a declaration, such as in cases where they consider that they have existing use rights. The Court can declare that a person must adopt the best option to avoid or minimise adverse effects on the environment.
It is also possible for people to seek a declaration regarding the work of a council. For example, that a proposed provision in a plan is inconsistent with a policy statement.
An enforcement order is used to ensure a person complies with any rules or orders made under the RMA. It is generally used after other measures haven't worked. The Environment Court can order that a person not start, or not continue, an activity that it considers will have an adverse effect on the environment. The Court can also require that any harm caused be remedied or mitigated, and order that anyone who has spent money doing this due to the actions of someone else be reimbursed.
Anyone can apply for an enforcement order except in the case of an enforcement order to enforce any condition of a resource consent, or a rule in a plan that requires the holder to adopt the best practicable option to avoid or minimise adverse effects of a discharge. In such cases, the consent authority or the Minister for the Environment may apply. An enforcement order can be brought against anyone, with the exception of the Crown. It is an offence for a person not to comply with an enforcement order.
