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Resource Management Act 1991

Environment Court - Appeals from Environment Court decisions

300: Notice of appeal

You could also call this:

“This explains how to tell the court you disagree with an Environment Court decision and want to challenge it.”

If you want to appeal a decision or recommendation from the Environment Court, you need to follow these steps:

You have 15 working days from when you’re told about the Environment Court’s decision to file a notice of appeal. You need to file this notice with the High Court’s Registrar.

Within those 15 days, you also need to give a copy of the notice to the authority whose decision the Environment Court was looking at.

Within 5 working days of filing your appeal, you need to give a copy of the notice to everyone else involved in the case and to the Environment Court’s Registrar.

Your notice of appeal needs to include:

  • Which part of the decision or recommendation you’re appealing
  • What legal error you think was made
  • What legal question needs to be answered
  • Clear reasons for your appeal so everyone can understand
  • What you want to happen as a result

After getting your notice, the Environment Court’s Registrar will send the whole decision you’re appealing to the High Court’s Registrar as soon as they can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238277.

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Environment and resources > Conservation
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Part 11 Environment Court
Appeals from Environment Court decisions

300Notice of appeal

  1. An appellant shall file a notice of appeal within 15 working days after the date on which the appellant is notified of the Environment Court's decision or report and recommendation.

  2. The appeal shall be filed with the Registrar of the High Court.

  3. Within the time specified in subsection (1) the appellant shall serve a copy of the notice on the authority whose decision was the subject of the Environment Court's decision or report and recommendation.

  4. Before or within 5 working days after the appeal is filed the appellant shall serve a copy of the notice on—

  5. every other party to the proceedings or any person who appeared before the Environment Court; and
    1. the Registrar of the Environment Court.

      1. The notice of appeal shall specify—

      2. the decision or report and recommendation, or part of the decision or report and recommendation, appealed against; and
        1. the error of law alleged by the appellant; and
          1. the question of law to be resolved; and
            1. the grounds of appeal with sufficient particularity for the court and other parties to understand them; and
              1. the relief sought.

                1. The Registrar of the Environment Court shall send a copy of the whole of the decision appealed against to the Registrar of the High Court as soon as reasonably practicable after receiving the notice of appeal.

                Notes
                • Section 300(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                • Section 300(2): amended, on , by section 109(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 300(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                • Section 300(4)(a): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                • Section 300(4)(b): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                • Section 300(5)(d): amended, on , by section 17(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                • Section 300(5)(e): inserted, on , by section 17(b) of the Resource Management Amendment Act 1996 (1996 No 160).
                • Section 300(6): amended, on , by section 109(2) of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 300(6): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).