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Resource Management Act 1991

Resource consents - Appeals

120: Right to appeal

You could also call this:

“When can you appeal a decision about the environment?”

You can appeal to the Environment Court against a decision made by a consent authority. This is in accordance with section 121. You can appeal if you are the applicant, the consent holder, or someone who made a submission.

You can also appeal if you are the Minister of Conservation and the decision is about a coastal permit for a restricted coastal activity. However, you cannot appeal against a decision about a boundary activity, unless it is a non-complying activity.

If you made a submission, you can appeal any matter you raised in your submission, except for parts that were struck out under section 41D. You can also appeal matters that you did not raise in your submission.

This right to appeal is in addition to other rights provided for in sections 357A, 357AB, 357C, and 357D.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234891.

Topics:
Environment and resources > Conservation Environment and resources > Town planning
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121: Procedure for appeal, or

"How to appeal a decision under the Resource Management Act"

Part 6 Resource consents
Appeals

120Right to appeal

  1. Any 1 or more of the following persons may appeal to the Environment Court in accordance with section 121 against the whole or any part of a decision of a consent authority on an application for a resource consent, or an application for a change of consent conditions, or on a review of consent conditions:

  2. the applicant or consent holder:
    1. any person who made a submission on the application or review of consent conditions:
      1. in relation to a coastal permit for a restricted coastal activity, the Minister of Conservation.

        1. However, there is no right of appeal under this section against the whole or any part of a decision of a consent authority referred to in subsection (1) to the extent that the decision relates to a boundary activity, unless the boundary activity is a non-complying activity.

        2. A person exercising a right of appeal under subsection (1)(b) may appeal—

        3. any matter that was raised in the person’s submission except any part of the submission that is struck out under section 41D; and
          1. any matter that was not raised in the person’s submission.

            1. This section is in addition to the rights provided for in sections 357A, 357AB, 357C, and 357D (which provide for objections to the consent authority).

            Notes
            • Section 120(1): amended, on , by section 92(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
            • Section 120(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 120(1)(c): inserted, on , by section 92(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
            • Section 120(1A): replaced, on , by section 37(1) of the Resource Management Amendment Act 2020 (2020 No 30).
            • Section 120(1B): replaced, on , by section 37(2) of the Resource Management Amendment Act 2020 (2020 No 30).
            • Section 120(2): inserted, on , by section 68(2) of the Resource Management Amendment Act 1993 (1993 No 65).
            • Section 120(2): amended, on , by section 149(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
            • Section 120(2): amended, on , by section 65 of the Resource Management Amendment Act 2005 (2005 No 87).