Declarations are a type of application made to the Environment Court. They are designed to obtain judicial direction on a matter that is in dispute between council and another person.
The scope and effect of a declaration is set out in section 310 of the Resource Management Act 1991, but can broadly relate to:
- the existence or extent of any function, power, right or duty under the RMA
- whether or not a provision of a regional policy statement, regional plan or district plan gives effect to provisions in a national policy statement or is likely to be inconsistent with a water conservation order
- whether or not there is any inconsistency between the provision of a particular policy statement or plan and the provisions of other policy statements, plans or water conservation orders
- whether an act or omission contravenes the RMA, a rule in a plan, a requirement for a designation or heritage order, or a resource consent
- whether an activity is a permitted, controlled discretionary, non-complying or prohibited activity
- any other matter relating to the interpretation, administration and enforcement of the RMA except
- whether a resource consent application should be publicly notified
- any person may apply for a declaration, with notice of the application then required to be served on every person directly affected by the application
- any person with a right to be represented can join an application under section 274 of the RMA.