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

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The Enviromnent Court has promulgated a Practice Note, updated to 2011. Section 3.2 concerns
protocols for Court-assisted mediations. Clause 3.2.4 provides as follows:
3.2.4 Representation and attendance at mediation
3.2.4.1 Parties may be represented by one or more persons who may have particular
qualifications. The names and contact particulars of such persons shall be provided to the
Court and to other participants in the manner required by the Court's Registry.
3.2.4.2 Each party shall have at least one representative who is present through all
sessions and who is fully authorised to participate, for instance by answering questions and
cooperating in the mediation in any appropriate manner.
3.2.4.3 Where a party appoints a representative to attend the mediation, the party will be
taken, unless express advance notice to the contrary is given to the Court and all other
parties, to have given that representative full authority to settle the dispute or the issues at
stake.
That notice is to be given not less than seven days before the scheduled date.
Where such authority is not given, the mediation shall not proceed unless all parties and the
mediator agree to proceed on that basis. Bodies such as councils, corporates, and groups are
encouraged to provide their representatives with full delegated authority to settle.
Section 269 RMA provides that, except as expressly provided in the Act, the Environment Court
may regulate its own proceedings in such manner as it thinks fit. It also provides that Environment
Court proceedings may be conducted without procedural fonnality where this is consistent with
fairness and efficiency. The Court interprets "efficiency" as including "cost-efftciency".
Section 251 RMA provides that the Principal Environment Judge is to be responsible for ensuring
the orderly and expeditious discharge of the business of the Court.
The Acting Principal Environment Judge, after consultation with the Judges and Connnissioners of
the Court, has fanned the view in light of these provisions of the Act and the Practice Note, that this
Practice Direction is necessary to assist in ensuring the orderly and expeditions discharge of the
business of the Court.
Explanatory note
Some large parties (eg. Councils, corporate and groups) have embraced the letter and spirit of
clause 3.2.4 of the Practice Note, and invariably are represented at mediations by knowledgeable
and experienced persons holding full authority to settle. Members of the Court hold the view that
such mediations often produce a high rate of early and cost-effective resolution of proceedings.