The Environment Court - Awarding and securing costs

The Resource Management Act 1991 (RMA) sets out the framework for regional and local councils to manage activities and effects on the environment. The overall purpose is to promote sustainable management of resources. This involves considering how our activities affect the environment now and in the future.

The RMA also enables councils to regulate land use and the provision of infrastructure, which are essential parts of New Zealand’s planning system.

The RMA means that regional and local councils set rules and requirements to manage activities ranging from building houses, clearing vegetation, moving earth, taking water from a stream, or burning rubbish. The purpose of the rules are to ensure activities won’t harm our neighbours or communities, or damage the air, water, soil, and ecosystems that we and future generations need to survive.

The RMA allows you to participate, by making a submission, in certain decisions by your local council about the environment, and in some instances allows you to appeal these decisions to the Environment Court.

The Environment Court may order any party to pay costs to another party.

This guide is the last in a series of 13 guides called An Everyday Guide to the Resource Management Act (see more details about the series below).

It explains costs, how and why they are awarded, and what you should bear in mind if you are considering bringing proceedings in the Environment Court.

It’s important to understand that, before allowing an appeal to proceed, the court can order you to pay a security for costs.

The guide has a glossary of RMA terms at the end.

This guide is one in a series of 13 called An Everyday Guide to the Resource Management Act. The series is intended to help people work with their councils. If you’re dealing with the Environmental Protection Authority (EPA), a board of inquiry, or the Environment Court (see the glossary to learn more about these), you might need more technical advice from the EPA website or the Environment Court website.

For more information about specific parts of the RMA process, see the full list of guides on our website.