The Courts have recently discussed s271A (which allows an interested party to join in another party's appeal or reference proceedings) and s274 (which allows an interested person to participate in another party's appeal or reference proceedings) of the Resource Management Act 1991.
The following has been confirmed:
The 'commencement of the hearing' is the date specified in the notice of hearing, regardless of whether there has been communication from the Court that the hearing date will only deal with interlocutory matters, rather than the substantive hearing. This is important because both s271A and s274 notices need to be filed 10 working days before the 'commencement of the hearing' - Manukau City Council (Environment Court).A s271A party is confined to supporting or opposing the appeal filed, and are not entitled to enlarge the scope of the appeal. Accordingly, a s271A party cannot raise arguments on appeal that are not raised by the appellant or referrer. This is of course subject to the s271A party not obtaining a waiver to permit the late filing of a further appeal or reference - Transit NZ v Pearson (High Court).
This is a general summary only and should not be taken as a substitute for specific advice.
For further information please contact Kerry Anderson, solicitor
kerry.anderson@phillipsfox.com
Web site:
Phillips Fox