Declarations are decisions made by the Environment Court, to clarify how a provision of the RMA is to be interpreted in a specific situation. This can be useful in situations where there is a dispute. A declaration is a ruling on a point of law, and does not generally require the preparation of evidence.
Any person can apply to the Court for a declaration. Sections 310 – 313 of the RMA outline the process for declarations.
Examples are;
- Clarifying the extent of decision makers’ powers under the RMA. This can be necessary where agency responsibilities overlap, and a definition is sought over who is responsible for what.
- Giving a legal interpretation of the wording of part of the RMA, or of the wording or provisions of a plan or policy statement.
- Giving an interpretation of exactly what is required by a condition on a resource consent. Determining whether a council has the power to impose a particular condition.
- Clarifying how far decision making authorities should go in examining alternatives to regulation (non-regulatory measures) as specified in Section 32.
- Resolving inconsistencies that may arise between plans, policy statements, and other provisions such as water conservation orders, national environmental standards and national policy statements.
- Clarifying a person’s rights or responsibilities under the Act. Determining whether a person’s actions may contravene the RMA, or a plan rule, or a consent condition.
A limited process of public notification must be followed when a declaration is sought. The Environment Court can decline to make a declaration in certain circumstances.
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