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Resource Management Act 1991

Designations and heritage orders - Designations

174: Appeals

You could also call this:

“You can ask a special court to check if a decision about land use is fair.”

You or the local council can appeal to the Environment Court if you disagree with a decision made by a requiring authority under section 172. This applies if you made a submission on the requirement.

To appeal, you need to write a notice that explains why you’re appealing and what outcome you want. You must also include any other information required by the rules. You have to send this notice to the Environment Court within 15 working days after the decision was announced as per section 173. You also need to give a copy of your appeal notice to the requiring authority and everyone else who can appeal within 5 working days.

When the Environment Court looks at your appeal, they’ll consider the same things as in section 171(1). They can then decide to cancel the requirement, confirm it, or confirm it with changes or conditions.

If the Minister of Education or the Minister of Defence made the requirement, the court can’t make them pay money as a condition.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236251.

Topics:
Environment and resources > Land use
Environment and resources > Town planning
Government and voting > Local councils
Housing and property > Land use
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173: Notification of decision on designation, or

“The council must tell people about the decision on a designation and how they can appeal it.”

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175: Designation to be provided for in district plan, or

“The city council must put approved special land use plans in their rule book”

Part 8 Designations and heritage orders
Designations

174Appeals

  1. Any 1 or more of the following persons may appeal to the Environment Court in accordance with this section against the whole or any part of a decision of a requiring authority under section 172:

  2. the territorial authority concerned:
    1. any person who made a submission on the requirement.

      1. Notice of an appeal under this section shall—

      2. state the reasons for the appeal and the relief sought; and
        1. state any matters required to be stated by regulations; and
          1. be lodged with the Environment Court and be served on the requiring authority whose decision is appealed against, within 15 working days of the date on which notice of the decision is given in accordance with section 173.

            1. The appellant shall ensure that a copy of the notice of appeal is served on every person referred to in subsection (1) (other than the appellant), within 5 working days after the notice is lodged with the court.

            2. In determining an appeal, the Environment Court must have regard to the matters set out in section 171(1) and comply with section 171(1A) as if it were a territorial authority, and may—

            3. cancel a requirement; or
              1. confirm a requirement; or
                1. confirm a requirement, but modify it or impose conditions on it as the court thinks fit.

                  1. However, if the requiring authority is the Minister of Education or the Minister of Defence, the court may not impose a condition under subsection (4)(c) requiring a financial contribution (as defined in section 108(9)).

                  Notes
                  • Section 174(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                  • Section 174(2)(c): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                  • Section 174(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                  • Section 174(4): replaced, on , by section 105 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 174(5): inserted, on , by section 59 of the Resource Management Amendment Act 2020 (2020 No 30).