Case Management
At the end of April 2004, the Principal Environment Judge announced the adoption by the Court of a new multi - track case management system for the management of its workload. This approach has added certainty and direction to case management and was the subject of wide consultation with key stakeholders prior to its rollout.
The stated objectives of this approach are to:
- ensure the just treatment of all litigants;
- promote the prompt and efficient disposal of cases;
- improve the quality of the litigation process;
- maintain public confidence in the Court;
- ensure efficient use of available judicial, legal and administrative resources; and
- achieve the purposes of the Resource Management Act 1991
There are three tracks:
Standard - Most resource consent appeals, non-urgent declarations and miscellaneous applications
Complex - Most plan appeals, complicated resource consent appeals, priority applications - including enforcement order applications
Parties' On Hold - proceedings where the parties are negotiating or mediating, or where a plan change or variation is promoted by a local authority
The standard track will include cases that do not require an urgent sitting or considerable judicial management. Most resource consent appeals will be assigned to this track. The expectation is that a hearing date will be set within six months of the proceedings commencing, unless they are transferred to one of the other management tracks.
The complex track (including priority or urgent matters) will concern more involved proceedings such as plan appeals and appeals concerning a major development proposal. These proceedings will receive close judicial attention, with management timetables tailored to match the specific needs of the case(s) concerned.
Where parties by consensus request that a hearing be deferred for a period, they will have their case(s) placed in the "Parties' On Hold" track. Typically, parties wishing to engage in extended consultation and negotiations will have their cases placed in this track, where case management is effectively suspended unless the parties call for its resumption. The Court will, however, exercise an overview and the parties will be required periodically to inform it as to progress towards resolution of the proceedings.
The track system also provides for greater transparency in terms of the reporting of the Court's workload and gives a truer picture of the current caseload and where the Court needs to apply greater resources.
For more information on the Court's case management practice go to: Practice Notes - Case Management
- Alternate Dispute Resolution
There is anecdotal evidence that mediation in the Environment Court, delivered by the Court's Commissioners at no cost to the participants, is increasingly viewed by many parties, as a viable alternative to a full hearing before the Court. Where appropriate, the Court is increasingly referring matters to court-annexed mediation as means of resolving issues between the parties without the need to go to a court hearing.
For information on the Court's mediation service go to: Practice Notes - Alternative dispute resolution (ADR)
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