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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:

“ Other people in a court case can say the judge made more mistakes about the law ”

If you’re not the person who started an appeal but you’re involved in it, you can still tell the High Court that you think the Environment Court made a mistake about the law. You need to let the High Court know by giving them a notice. You have to do this within 20 working days after you get the appeal papers.

When you give this notice, it works in a similar way to other parts of the law. These parts are Section 299, Section 300(3) and (4), Section 303, and Section 304. They explain how to handle your notice and what happens next.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238297.

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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).