Resource Management Act 1991

Environment Court - Appeals from Environment Court decisions

301: Right to appear and be heard on appeal

You could also call this:

“This law explains how you can tell the court you want to speak during an appeal about the environment.”

If you were involved in a case at the Environment Court and you want to be part of an appeal to the High Court, you need to tell certain people. You must let the person who is appealing, the High Court, the Environment Court, and sometimes the authority whose decision was first appealed know that you want to be involved.

You have to tell these people within 10 working days after you find out about the appeal. This is how you make sure you can have your say when the appeal is heard in the High Court.

If the Environment Court’s decision came after an earlier appeal, you also need to tell the authority whose original decision was appealed. This could be a local council or another group that made the first decision in your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238286.

Topics:
Environment and resources > Conservation
Crime and justice > Courts and legal help

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300: Notice of appeal, or

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


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302: Parties to the appeal before the High Court, or

“This explains who can be part of a court case when someone disagrees with what the Environment Court decided.”

Part 11 Environment Court
Appeals from Environment Court decisions

301Right to appear and be heard on appeal

  1. A party to any proceedings or any person who appeared before the Environment Court, who wishes to appear on an appeal to the High Court shall give notice of intention to appear to—

  2. the appellant; and
    1. the Registrar of the High Court; and
      1. the Registrar of the court; and
        1. when the decision or report and recommendation was made by the court after an appeal to it, the authority whose decision was appealed.
          1. The notice to appear under subsection (1) shall be served within 10 working days after the party was served with the notice of appeal.

          Notes
          • Section 301(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 301(1)(b): amended, on , by section 110 of the Resource Management Amendment Act 2005 (2005 No 87).
          • Section 301(1)(c): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 301(1)(d): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).