The purpose of this glossary is to assist with understanding the meaning of terms used in this guide. Some of these terms have specific legislative definitions in section 2 of the RMA.

Appeal

Request for a decision to be changed, predominantly to the Environment Court.

Appellant

Person or group making an appeal.

Applicant

The person applying for a resource consent, change to an existing resource consent’s conditions, or a private plan change.

Award costs

The Judge orders one party to make a payment to another party.

Cross-examination

Where submitters or applicants (including their lawyers) are allowed to question other parties in a hearing. This is not usually allowed in first-instance hearings under the RMA, but may be allowed in some hearings (eg, of nationally significant proposals, direct referral applications, or freshwater planning instruments) as well as in Environment Court hearings.

Direct referral

A process where, at the request of the applicant, the council decides that the Environment Court will determine applications without the need for a council hearing and decision.

Environment Court

A specialist court where people can appeal decisions made by councils under the RMA on a policy statement or plan, or on a resource consent application; or where they can apply for an enforcement order or seek a declaration.

Legal aid

Payment from public funds allowed, in cases of need, to help pay for legal advice or proceedings.

Liable [for costs]

Legally responsible.

Party

A person, group, or organisation taking part in an appeal or other legal proceedings.

Plan

A plan defined under the RMA, including regional policy statements, regional plans, and district plans.

Proceedings

A case being considered by a court.

Resource consent

Permission from the local council for an activity that might affect the environment, and that isn’t allowed ‘as of right’ in the district or regional plan.

Resource Management Act 1991 (RMA)

New Zealand’s main piece of environmental legislation. It provides a framework for managing the effects of activities on the environment.

Submission

Comments, opinions, concerns, support, or opposition about a proposed notified resource consent, notice of requirement, or a proposed policy statement or plan.

Submitter

People who have made a submission about a proposal.

Vexatious [case]

Causing or tending to cause annoyance, or frustration.

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