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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:

“Appealing a decision about using your land”

If you are refused consent by a requiring authority under sections like section 176(1)(b), 177(2), or 178(2), or if you get consent with conditions, you can appeal to the Environment Court. You can appeal against the refusal or the conditions. The Environment Court is where you go to appeal.

When you appeal, you must say why you are appealing and what you want to happen. You must also include any information that the regulations say you need to. You have to give your appeal to the Environment Court and the requiring authority within 15 working days of getting their decision.

The court will think about your appeal and consider some important things. These things include whether the decision will cause you serious hardship, whether it stops you using your land, and whether the decision can be changed without making the requirement or designation useless. The court can then decide what to do with your appeal, like confirming or reversing the decision, or changing it in some way.

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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
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Part 8 Designations and heritage orders
Designations

179Appeals relating to sections 176 to 178

  1. 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.

  2. Notice of an appeal under this section shall—

  3. 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 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).

        1. In considering an appeal under this section, the court shall have regard to—

        2. whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and
          1. whether the decision appealed against would render the land which is subject to the designation or requirement incapable of reasonable use; and
            1. the extent to which the decision may be modified without wholly or partly nullifying the effect of the requirement or designation—
                1. and may confirm or reverse the decision appealed against or modify the decision in such manner as the court thinks fit.

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