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Resource Management Act 1991

Designations and heritage orders - Designations

179: Appeals relating to sections 176 to 178

You could also call this:

“This explains how you can challenge decisions about using land for special purposes if you disagree with them.”

If you are refused permission by a requiring authority under section 176(1)(b), 177(2), or 178(2), or if you are given permission with conditions, you can appeal to the Environment Court. You need to do this within 15 working days of getting the decision.

When you appeal, you need to explain why you’re appealing and what you want to happen. You also need to include any other information that the rules say you must include.

When the court looks at your appeal, they will think about a few things. They’ll consider if the decision has caused or might cause you serious problems. They’ll also think about whether the decision means you can’t use the land in a reasonable way. The court will also look at how much they can change the decision without completely cancelling the requirement or designation.

After thinking about all of this, the court can agree with the original decision, completely change it, or make some changes to it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236276.

Topics:

Environment and resources > Land use

Environment and resources > Town planning

Government and voting > Local councils

178: Interim effect of requirements for designations, or

“Temporary rules to protect planned projects from being blocked while they're being approved”

180: Transfer of rights and responsibilities for designations, or

“The law explains how to pass on the rights and duties for important projects from one group to another.”

Part 8 Designations and heritage orders
Designations

179Appeals relating to sections 176 to 178

Any person who has been refused consent by a requiring authority under section 176(1)(b), 177(2), or 178(2), or who has been granted such consent subject to conditions, may appeal to the Environment Court against the refusal or the conditions.
Notice of an appeal under this section shall—
state the reasons for the appeal and the relief sought; and
state any matters required to be stated by regulations; and
be lodged with the Environment Court and served on the requiring authority whose decision is appealed against within 15 working days of receiving the requiring authority's decision under section 176(1)(b), 177(2), or 178(2).

In considering an appeal under this section, the court shall have regard to—
whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and
whether the decision appealed against would render the land which is subject to the designation or requirement incapable of reasonable use; and
the extent to which the decision may be modified without wholly or partly nullifying the effect of the requirement or designation—

court

Notes

Section 179(1): amended, on 1 October 2009, by section 110(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 179(1): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 179(2)(c): amended, on 1 October 2009, by section 110(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 179(2)(c): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 179(3): replaced, on 7 July 1993, by section 93 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 179(3): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).