2013-05-28-council-agenda - Taupo District Council

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Judge LJ Newhook
Acting Principal Environment Court Judge
CONSULTATION DRAFT: PRACTICE DIRECTION: MEDIATIONS AND OTHER
ADR IN THE ENVIRONMENT COURT
Consultation is sought with relevant professions and other interested parties concerning a
possible practice direction that the Court is considering in order to improve efGciency in its
mediation service, and the timeliness and quality of outcomes. Responses are sought from
interested parties, addressed to the Registrar, by 31 May 2013.
DRAFT DIRECTION
Pursuant to s 251(2), s 268, and s 269 of the Resource Management Act 1991, the Acting Principal
Environment Judge is contemplating directing as follows:
Following Clause 3.2.4 of the Environment Court's Consolidated Practice Note 2011, all parties at
mediations and other alternative dispute resolution sessions are to be represented throughout by a
person or persons holding full authority from the party to settle the dispute or the issues at stake.
Any parties desiring not to be so represented shall adhere to the requirement of Practice Note
paragraph 3.2.4.3, and give not less than seven days written notice to the Court and all other parties
prior to the mediation. The Mediator will consider the request and will also refer it to the case
managing Judge. The Acting Principal Environment Judge has directed that mediations not proceed
in such circumstances unless the case managing Judge is satisfied that there are special reasons in
the context of the particular mediation. A general policy of any party against appointing a
representative with full authority to settle will generally not be acceptable to the case managing
Judge.
Background
Section 268 RMA authorises the Environment Court to conduct mediation, conciliation, or other
procedures designed to facilitate the resolution of any matter of before or at any time during the
course of a hearing. This power is extensively used, and results in resolution of the majority of
cases lodged in the Enviromnent Court.