195Appeals relating to sections 193 and 194

1. Any person who—

2. proposes to do anything in relation to land that is subject to a heritage order or requirement for a purpose which, but for the heritage order or requirement, would be lawful; and
3. has been refused consent to undertake that use by a heritage protection authority under section 193 or section 194, or has been granted such consent subject to conditions—
may appeal to the Environment Court against the refusal or the conditions.

4. Notice of an appeal under this section shall—

5. state the reasons for the appeal and the relief sought; and
6. state any matters required to be stated by regulations; and
7. be lodged with the Environment Court and served on the heritage protection authority whose decision is appealed against, within 15 working days of receiving the heritage protection authority's decision under section 193 or section 194.

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

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

Notes

• Section 195(1): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
• Section 195(2)(c): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
• Section 195(3): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).