Resource Management Amendment Act 2004

Resource Management Amendment Act 2004

Public Act2004 No 46
Date of assent19 May 2004

The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Resource Management Amendment Act 2004.

    (2) In this Act, the Resource Management Act 1991 is called the principal Act.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Appointment of Environment Judges and alternate Environment Judges
  • (1) Section 250(1) of the principal Act is amended by omitting the words Minister of Justice, and substituting the words Attorney-General.

    (2) Section 250 of the principal Act is amended by adding the following subsection:

    • (4) For the purposes of subsection (3)(a),——

      • (a) an Environment Judge who is acting on a full-time basis counts as 1:

      • (b) an Environment Judge who is acting on a part-time basis counts as an appropriate fraction of 1:

      • (c) the aggregate number (for example, 7.5) must not exceed the maximum number of Environment Judges that is for the time being permitted.

4 Principal Environment Judge
  • Section 251(1) of the principal Act is amended by omitting the words Minister of Justice, and substituting the words Attorney-General.

5 Appointment of Environment Commissioner or Deputy Environment Commissioner
  • Section 254(1) of the principal Act is amended by omitting the words Minister of Justice, and substituting the words Attorney-General.

6 Resignation
  • Section 257 of the principal Act is amended by omitting the words Minister of Justice, and substituting the words Attorney-General.

7 Protection from legal proceedings
  • Section 261 of the principal Act is amended by adding, as subsection (2), the following subsection:

    • (2) In addition, a member of the Environment Court who is a District Court Judge also has the immunities conferred by section 119 of the District Courts Act 1947 (which confers on District Court Judges, at all times, the same immunities as a Judge of the High Court).


Legislative history

12 May 2004Divided from Judicial Matters Bill (Bill 71-2) as Bill 71-3I
13 May 2004Third reading