What happens next?
Shortly after being lodged with the Registrar, appeals and applications are shown to an Environment Judge. The Judge's role in case management initially involves determining how your case will be managed and includes making suggestions about whether the parties should consider mediation, or dealing with other preliminary issues such as the need for a priority hearing.
The Registrar will fix a time and place for any conferences or hearings that may follow and all parties will be given notice of this.
The scheduling of your case for a hearing will depend on a variety of factors such as the complexity of the issues, the number of witnesses, and the urgency of the matter. In general, the Court hears proceedings in the order in which they were lodged. If you want your case to be heard earlier you can apply for a priority fixture. You will have to show reasons for this in terms of the public interest in the matter, or that it is needed in the interests of justice, such as where waiting would negate the point of the proceedings.
It is important that you (or your representative) attend all the meetings, conferences and hearings scheduled by the Court. If you do not then you risk having your case dismissed.
Rather than going straight into the hearing process, you should consider sitting down with the other party, or parties, to discuss the issues and try to resolve the matter. The Court's mediation process is voluntary, but is generally strongly encouraged. The solutions discussed between you and the other parties in the case are confidential and without prejudice to outcomes. This means that if the case proceeds to a hearing the Judge or Commissioner will not know what took place during the mediation conferences, and so this will not affect their final decision.
The parties must agree to enter the mediation process, at which point the Court can provide a commissioner as part of its free mediation service. For more information about the process see 'An Everyday Guide to the RMA' booklet 6.2 You, Mediation and the Environment Court. You should also refer to the Environment Court's Practice Notes.
Mediation has high success rates. It is often a very good opportunity to define the issues that concern all parties, and sometimes to resolve differences. It is also generally cheaper and quicker than proceeding to a hearing, and you do not need to have legal representation at the conferences. It should be remembered that it is an alternative not a replacement for Court adjudication.
Case tracking system
The Court manages the flow of cases through it under a case tracking system. Each track is designed to provide a level of judicial and administrative oversight suited to the nature of the case. The presiding Judge will assign your case to a specific track and a case manager notifies you of this in writing. There are three distinct management tracks:
Standard
This management track will include most section 120 appeals, non-urgent enforcement proceedings and other miscellaneous proceedings. The Court will typically issue standard directions to the parties, with an emphasis on avoiding unnecessary Court appearances at the interlocutory stage and a hearing within six months of commencement.
Complex
This applies to more complex proceedings - that is most plan appeals and some section 120 appeals. The essential feature is that cases or sets of related cases will be managed on an individual programme as determined by the presiding Judge.
Parties on-hold
Cases will be placed onto this track in circumstances where parties are not actively seeking a hearing, for example to negotiate or mediate.
The Court will keep up-to-date with the progress of a case through the use of a number of mechanisms including callovers. These are meetings that deal with housekeeping matters, and are your chance to inform the Court about the status of the proceedings, for proceedings to be withdrawn, or for consent orders to be finalised if the parties have reached a settlement. You can also seek directions in preparing for a hearing, including dealing with preliminary questions, timetables for delivery of evidence, and the scheduling of the hearing.
Judicial conferences are similar to callovers and are used by the Court to discuss the key issues of the case, as well as to make decisions on timetables and other details. Sometimes these are conducted through a conference phone call with all the parties.
You, the other parties, or the Court can request a pre-hearing conference. These are used to ensure that proper preparations are made for a fair, orderly and efficient hearing. Directions may be given about the disposal of preliminary questions, the delivery of statements of evidence, and the time and duration of the hearing. In requesting a conference you should state what you would like to be considered at the conference. Examples of the kinds of directions that can be given by the Court are in section 267 of the RMA. Anyone who intends to take part in the hearing should attend or be represented by someone who is familiar with the nature and content of their involvement.
The Court may also direct that parties periodically provide reports on the status of proceedings, so it may be assured that progress is being made. This is often used as an alternative to a callover.
