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Resource Management Act 1991

Environment Court - Appeals from Environment Court decisions

300: Notice of appeal

You could also call this:

“Telling a court you don't agree with a decision: how to appeal”

If you want to appeal a decision made by the Environment Court, you must file a notice of appeal within 15 working days. You will need to file this notice with the Registrar of the High Court. You must also give a copy of the notice to the authority that made the decision you are appealing against within the same 15 working days.

You will need to give a copy of the notice to everyone else involved in the case, and to the Registrar of the Environment Court, within five working days of filing the appeal. The notice of appeal must include details such as what decision you are appealing against, why you think the decision was wrong, and what you want to happen instead.

The Registrar of the Environment Court will send a copy of the decision you are appealing against to the Registrar of the High Court as soon as they can after they get your notice of appeal. You can find more information about the Resource Management Act 1991 and the amendments made to it, such as the Resource Management Amendment Act 1996 and the Resource Management Amendment Act 2005, on the New Zealand legislation website.

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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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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).