What is a declaration proceeding?

​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.