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Resource Management Act 1991

Resource consents - Appeals

120: Right to appeal

You could also call this:

“You can challenge decisions about resource consents by taking your case to a special court.”

You can appeal to the Environment Court about a decision made by a consent authority on a resource consent application, a change to consent conditions, or a review of consent conditions. You can do this if you’re the applicant, the consent holder, or if you made a submission about the application or review. If it’s about a coastal permit for a restricted coastal activity, the Minister of Conservation can also appeal.

You can’t appeal a decision about a boundary activity unless it’s a non-complying activity. If you made a submission and want to appeal, you can appeal any part of your submission that wasn’t struck out. You can also appeal things you didn’t mention in your submission.

This right to appeal is in addition to your rights to object to the consent authority, which are explained in sections 357A, 357AB, 357C, and 357D.

To learn more about how to appeal, you can look at section 121.

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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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119A: Coastal permit for restricted coastal activity treated as if granted by regional council, or

“Regional councils now handle special coastal permits that used to be given by the Minister of Conservation.”

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121: Procedure for appeal, or

“This explains how to file an appeal, including what to write and when to send it.”

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).