Toolbox
More copies of this guide can be obtained from the Environment Court Registries and the Ministry for the Environment. This guide is part of 'An Everyday Guide to the RMA' series. This guide, and additional information about the Resource Management Act, can be viewed online at: RMA website
You should also refer to the Practice Notes of the Environment Court before lodging any proceedings. These Practice Notes give you a guide to the practice and procedure of the Environment Court. You can find the Practice Notes on the Environment Court website or copies can be obtained from the Environment Court Registrar nearest you.
Questions about particular cases before the Environment Court and opportunities for mediation in those cases are to be directed to the Environment Court Registry nearest you.
About the Environment Court
The Environment Court operates under the Resource Management Act 1991. It has the same powers as the District Court in its civil jurisdiction. Parties that lodge proceedings with the Court are generally dissatisfied with a decision made by a council on a resource consent application, proposed plan or other decision (for example, a designation or heritage order).
The Court conducts a hearing of the matters that have been considered by the council. Environment Court decisions may be appealed to the High Court on points of law only.
The Court is a specialist court made up of Environment Judges and Environment Commissioners. Commissioners have knowledge and experience in such areas as mediation, local government, resource management, environmental science and the Treaty of Waitangi.
A Court usually consists of at least one Environment Judge and one or more Environment Commissioners. The Principal Environment Judge may give the power to hear and decide proceedings to an Environment Commissioner. Environment Commissioners often conduct mediation to facilitate the resolution of matters arising in cases before the Court.
For more information about the Environment Court see 'An Everyday Guide to the RMA' booklet 6.1 Your Guide to the Environment Court.
Court registries
The Registrar
The Environment Court
District Court Building
49 Ballance Street
PO Box 5027
Wellington
Phone (04) 918 8300
Fax (04) 918 8303
The Deputy Registrar
The Environment Court
83 Armagh Street
Christchurch
Phone (03) 962 4170
Fax (03) 962 4171
The Deputy Registrar
The Environment Court
8th Floor, District Court Building
3 Kingston Street (off Albert)
Auckland
Phone (09) 916 9091
Fax (09) 916 9090
The Environment Court:
www.justice.govt.nz/environment
Information on mediation training is available from either the Arbitrators' and Mediators' Institute or LEADRNZ.
About Arbitrators' and Mediators' Institute of New Zealand (AMINZ)
The Arbitrators' and Mediators' Institute of New Zealand (AMINZ) is a not-for-profit incorporated society that represents the New Zealand profession of arbitration, mediation and dispute resolution generally. The aims of AMINZ include the promotion of the awareness and use of dispute resolution and the facilitation of training.
AMINZ can provide you with a panel list of suitably qualified and experienced mediators who are available to help parties resolve their disputes.
AMINZ's membership includes environment mediators who work with the parties to resolve disputes that are on their way to the Environment Court. Panel members' curriculum vitae are available on request. The terms and conditions of engagement (including fees) are negotiable before appointment.
Head Office
Level 3, Hallenstein House, 276 - 278 Lambton Quay
PO Box 1477
Wellington, New Zealand
Phone (04) 499 9384
Fax (04) 499 9387
e-mail: institute@aminz.org.nz
About Leading Experts in Alternative Dispute Resolution (LEADR)
Leading Experts in Alternative Dispute Resolution (LEADR) is an Australasian non-profit membership-based organisation established in 1989 to promote the use and awareness of alternative dispute resolution. The New Zealand chapter was formed in 1991 and is administered by a National Board and an Executive Officer.
Initially set up by lawyers, it has expanded to cover the wide range of professionals working in this area. LEADR NZ has panels of accredited mediators and offers a referral service. It also conducts training in mediation and offers information about alternative dispute resolution generally.
Head Office
Level 8, Terrace Legal House, The Terrace
PO Box 10-991
Wellington, New Zealand
Phone (04) 470 0110
Fax (04) 470 0111
e-mail: leadrnz@xtra.co.nz
Additional references
Arbitrators' and Mediators' Institute of New Zealand Inc, Guide to Mediation (and Conciliation), Wellington, New Zealand, 1999.
Carol Powell, Uses & Benefits of ADR & Environment Cases, Resource Management News, February/March 1995.
Department of Planning & Development (in association with the Departments of Justice and Infrastructure and the Dispute Settlement Centre of Victoria), How to Get the Best Out of Planning: A Guide to Facilitating Meetings, Melbourne, Australia, August 1997.
Jenny Rowan and John Mills (Environment Commissioners), Mediation: Practice & Principles (workshop paper).
The Environment Court, Practice note on alternative dispute resolution, expert witnesses, and amendment to practice note on case management, March 2005.
The Environment Court. Case Management in the Environment Court. Practice Note (under section 269 Resource Management Act 1991), April 2004.
Ministry for the Environment, Resource Management Law Reform: Resource Management Disputes: Part B: Mediation, Wellington, New Zealand, November 1988.
New Zealand Law Society (in association with LEADR), Introduction to Mediation (seminar papers).
Office of the Parliamentary Commissioner for the Environment, Public Participation Under the RMA: The Management of Conflict, Wellington, New Zealand, December 1996.
