New Zealand Legislation: Acts

24 Objection to be heard by Environment Court

• (1) On receiving a written objection under section 23 of this Act, the Environment Court shall, as soon as practicable, send a copy of the objection to the Minister or local authority, as the case may require.

  (2) Within 1 month after receiving a copy of the objection or within such further period as the Environment Court may allow, the Minister or local authority, as the case may require, shall send to the Environment Court and serve on the objector a reply to the objection containing the following information:

  • (a) The statutory or other authority under which it is proposed to take the land; and

  • (b) The nature of the work to be constructed or the purpose for which the land is required; and

  • (c) Such other matters as may be appropriate having regard to the objections made and to any practice directions issued by the Environment Court.

  (3) The Environment Court shall inquire into the objection and the intended taking and for that purpose shall conduct a hearing at such time and place as it may appoint.

  (4) Not less than 15 working days' notice of the time and place so appointed shall be given to the objector and to the Minister or local authority, as the case may require.

  (5) Every such hearing shall be held in public unless the objector gives written notice to the Environment Court before the date of the hearing that he requires the hearing to be held in private.

  (6) At every such hearing the Minister or the local authority may be represented by counsel or by an officer of the Minister's department or local authority, as the case may require, and the objector may appear and act personally or by counsel or any duly authorised representative.

  (7) The Environment Court shall—

  • (a) Ascertain the objectives of the Minister or local authority, as the case may require:

  • (b) Enquire into the adequacy of the consideration given to alternative sites, routes, or other methods of achieving those objectives:

  • (c) In its discretion, send the matter back to the Minister or local authority for further consideration in the light of any directions given by the Environment Court:

  • (d) Decide whether, in its opinion, it would be fair, sound, and reasonably necessary for achieving the objectives of the Minister or local authority, as the case may require, for the land of the objector to be taken:

  • (e) Prepare a written report on the objection and on the Environment Court's findings:

  • (f) Submit its report and findings to the Minister or local authority, as the case may require.

  (8) [Repealed]

  (9) At the same time as the Environment Court submits its report and findings to the Minister or local authority, it shall send a copy of the report and findings to the objector, and make copies of them available to the public.

  (10) The report and findings of the Environment Court shall be binding on the Minister or, as the case may be, the local authority.

  (11) Any objection filed under section 23 of this Act may be withdrawn by the objector at any time before the Environment Court makes its report and findings under this section.

  (12) Where the objection is withdrawn by the objector pursuant to subsection (11) of this section, the Environment Court shall not be obliged to make a report and findings under this section.

  (13) The Environment Court may award such costs as it considers just either in favour of or against the objector, the Crown, or the local authority.

  (14) Subject to sections 299 and 308 of the Resource Management Act 1991 no appeal shall lie from any report or recommendation of the Environment Court under this section.

  Compare: 1928 No 21 s 22A(3)-(10); 1973 No 44 s 7(1)

  Subsection (6) was amended, as from 1 April 1988, by section 8 Public Works Amendment Act 1988 (1988 No 43) by substituting the words “the Minister's department” for the words “the Ministry”.

  Subsection (7) was substituted, as from 31 March 1987, by section 8(1) Public Works Amendment Act (No 2) 1987 (1987 No 67).

  Subsection (8) was substituted, as from 31 March 1987, by section 8(1) Public Works Amendment Act (No 2) 1987 (1987 No 67).

  Subsection (8) was repealed, as from 31 March 1987, by section 8(1) Public Works Amendment Act (No 2) 1987 (1987 No 67).

  Subsection (9) was substituted, as from 31 March 1987, by section 8(2) Public Works Amendment Act (No 2) 1987 (1987 No 67).

  Subsection (10) was substituted, as from 31 March 1987, by section 8(2) Public Works Amendment Act (No 2) 1987 (1987 No 67).

  Subsection (11) was substituted, as from 31 March 1987, by section 8(2) Public Works Amendment Act (No 2) 1987 (1987 No 67).

  Subsection (12) was substituted, as from 31 March 1987, by section 8(2) Public Works Amendment Act (No 2) 1987 (1987 No 67).

  Subsection (14) was substituted, as from 16 December 1983, by section 38(1) Town and Country Planning Amendment Act 1983 (1983 No 149), and amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by substituting the words “Subject to sections 299 and 308 of the Resource Management Act 1991” for the words “Subject to sections 162 and 162H of the Town and Country Planning Act 1977”.

  The words “Environment Court” in subsections (1), (2), (3), (5), (7), (9), (10), (11), (12) and (13) were substituted, as from 2 September 1996, for the words “Planning Tribunal” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

  The words “Environment Court” in subsection (7)(c) and (e) were substituted, as from 2 September 1996, for the words “Tribunal” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).