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Resource Management Act 1991

Environment Court - Decisions of Environment Court

296: No review of decisions unless right of appeal or reference to inquiry exercised

You could also call this:

"You can't challenge a decision unless you've already appealed or gone to court first."

If you want to challenge a decision made by a local authority or someone else under the Resource Management Act, you usually have the right to appeal to the Environment Court. You can't ask for a review under the Judicial Review Procedure Act 2016 unless you have already used your right to appeal or refer the matter to the Environment Court and the court has made a decision. The High Court also can't hear your case unless you have already taken these steps and the court has made a decision, and this is in relation to the Judicial Review Procedure Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238263.

Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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295: Environment Court decisions are final, or

"The Environment Court's decision is final, unless you appeal or it gets reheard."

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"The court puts its decisions in writing so you know what they decide."

Part 11Environment Court
Decisions of Environment Court

296No review of decisions unless right of appeal or reference to inquiry exercised

  1. If there is a right to refer any matter for inquiry to the Environment Court or to appeal to the court against a decision of a local authority, consent authority or any person under this Act or under any other Act or regulation—

  2. no application for review under the Judicial Review Procedure Act 2016 may be made; and
    1. no proceedings seeking a writ of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction in relation to that decision, may be heard by the High Court—
        1. unless the right has been exercised by the applicant in the proceedings and the court has made a decision.

      Notes
      • Section 296: amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
      • Section 296(a): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).