Act In force Latest version as at 03 September 2007 (as enacted) | 2004 No 46 | Administered by Ministry for the Environment

Resource Management Amendment Act 2004

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Appointment of Environment Judges and alternate Environment Judges

Principal Environment Judge

Appointment of Environment Commissioner or Deputy Environment Commissioner

Protection from legal proceedings

Legislative history

Resource Management Amendment Act 2004

Public Act	2004 No 46
Date of assent	19 May 2004

Contents

3 Appointment of Environment Judges and alternate Environment Judges

4 Principal Environment Judge

5 Appointment of Environment Commissioner or Deputy Environment Commissioner

7 Protection from legal proceedings

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