Reform Series – Recasting Environmental Dispute Resolution
Reform Series – Recasting Environmental Dispute Resolution
Thursday 12 March, 2026
One of the Government’s criticisms of the current resource management system is that it is slow, costly, and overly complex.
As one of the solutions to remedy this, the Government plans to reconfigure the approach to environmental dispute resolution by introducing a new division of the Environment Court to be called the Planning Tribunal. This Tribunal, led by a chairperson and a pool of adjudicators, will largely consider matters which were previously the subject of objections under sections 357, 357A and 357B of the Resource Management Act 1991 (RMA), as well as reviewing notification decisions which are currently within the jurisdiction of the High Court.
Functions
The functions of the Planning Tribunal (and the revised functions of the Environment Court) under the new system are proposed to be:
| Planning Tribunal – Schedule 10 | Environment Court |
|---|---|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Note: Under the new system, the Environment Court will no longer be able to consider direct referrals or nationally significant proposals.
Dual jurisdiction
Under the Planning Bill, a person may challenge certain decisions of a local authority with respect to permits or consents by either review to the Planning Tribunal or appeal to the Environment Court. However, the Planning Tribunal’s jurisdiction in this regard is limited to non-notified applications or notified applications with no third-party submissions.16 Reviewing the merits of a decision by a local authority to decline an application or cancel or substantively amend a permit or consent may only be dealt with by way of appeal to the Environment Court.17
Operation
It is proposed that the Planning Tribunal will be responsible for regulating its own procedure to best promote the timely and efficient resolution of matters, however there is power for regulations to be made prescribing the practice or procedure of the Tribunal.18
For any matter before the Planning Tribunal the default presumption will be that the matter is dealt with on the papers, without the need for a hearing.19 However, the Tribunal has jurisdiction to order a hearing in some circumstances.20
Powers
The powers of the Planning Tribunal will vary depending on the review function they are undertaking, however in most cases the Planning Bill grants the Planning Tribunal the power to make certain orders.21 In addition, the Planning Tribunal has the power to strike out proceedings or conditions of a permit or consent granted by a local authority.22
Other general powers afforded to the Planning Tribunal under the Planning Bill include:
- Power to make orders preventing publication or disclosure of sensitive information23
- Power to make costs orders in certain circumstances24
The chairperson of the Planning Tribunal may make an order transferring proceedings initiated in the Planning Tribunal to the Environment Court or other competent jurisdiction with the agreement of the Chief Judge of the Environment Court.25
Challenging a decision of the Planning Tribunal
A person may appeal a decision of the Planning Tribunal to the Environment Court but only on a point of law.26 For decisions of the Planning Tribunal on notification, the right of appeal is to the High Court and is limited to matters of law.27 If a decision of the Planning Tribunal is appealed to the Environment Court, there is no further right of appeal against the Environment Court decision.28
While there is a right to judicially review a decision of the Planning Tribunal in the High Court, the right of appeal to the Environment Court must first be exercised. For notification decisions, if an applicant lodges both an appeal and an application for judicial review in the High Court, the proceedings must be lodged together and, unless impracticable, the High Court must try to hear both proceedings together.29
Transition to the new system
The transitional provisions in the Planning Bill currently allow for the provisions governing the Planning Tribunal to come into force on the date specified by Order in Council (i.e. the appointed date). From the appointed date:30
- Rights of objection under ss 357 and 357A of the RMA will be replaced with the right of review to the Tribunal; and
- Review of a specified decision will be carried out under Schedule 10 of the Planning Bill not the RMA.
Next steps
The Bills are now with Parliament’s Environment Committee which will consider public submissions on the Bills before reporting its recommendations to Parliament on responses to those submissions. This report, due on 26 June 2026, should provide insight into the final shape of the Bills.
We will keep a watching brief as the Bills progress through their Second and Third Readings.
References
- Planning Bill 2025 (235-1), Sch 10, cl 16(1).
- Sch 3, cl 32.
- Sch 10, cl 21.
- Sch 10, cl 22.
- Clauses 243-245.
- Sch 10, cl 23.
- Sch, cl 35.
- Sch 10, cl 14.
- Sch 3, cl 33.
- Sch 10, cl 17.
- Cl 229.
- Sch 10, cl 19.
- Cl 234.
- Sch 10, cl 15.
- Sch 3, cl 34.
- Sch 10, cl 24(2).
- Sch 10, cl 24(5).
- Sch 10, cl 36.
- Sch 10, cl 25(2).
- Sch 10, cl 28.
- Sch 10, clauses 13(2) and 16(3).
- Sch 10, cl 31.
- Sch 10, cl 30.
- Sch 10, cl 32.
- Sch 10, cl 33.
- Sch 10, cl 34(1)(a).
- Sch 10, cl 34(2).
- Sch 10, cl 34(4) and Sch 9, cl 74.
- Sch 10, cl 35(2)-(3).
- Sch 1, cl 31.
