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Resource Management Act 1991

Environment Court - Appeals from Environment Court decisions

305: Additional appeals on questions of law

You could also call this:

“Appealing to the High Court if you think the Environment Court got the law wrong”

If you are involved in an appeal to the Environment Court and you think the court made a mistake on a question of law, you can tell the High Court. You do this by lodging a notice with the Registrar of the High Court. You must do this within 20 working days of being served with a copy of the notice of appeal. The rules that apply to this notice are the same as those in sections 299, 300(3) and (4), 303, and 304, but with some changes to fit your situation.

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Part 11 Environment Court
Appeals from Environment Court decisions

305Additional appeals on questions of law

  1. When a party to an appeal other than the appellant wishes to contend that the decision or report and recommendation of the Environment Court is in error on other questions of law, that party may lodge a notice to that effect with the Registrar of the High Court.

  2. The notice under subsection (1) shall be lodged within 20 working days of the date on which the respondent is served with a copy of the notice of appeal.

  3. Sections 299, 300(3) and (4), 303, and 304 apply to a notice lodged under subsection (1) with all necessary modifications.

Notes
  • Section 305 heading: amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
  • Section 305(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
  • Section 305(1): amended, on , by section 113 of the Resource Management Amendment Act 2005 (2005 No 87).
  • Section 305(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).