Resource Management Act 1991

Environment Court - Appeals from Environment Court decisions

308: Appeals to the Court of Appeal

You could also call this:

"Appealing a High Court decision to a higher court"

If you want to appeal a decision made by the High Court under section 299, the rules from Subpart 8 of Part 6 of the Criminal Procedure Act 2011 will apply. This means the appeal will be treated as if the decision had been made under section 300 of that Act. You should follow these rules to appeal the decision.

If the High Court made a decision under section 299 about a case from the Environment Court under section 149U, then you cannot use the rules from Subpart 8 of Part 6 of the Criminal Procedure Act 2011 to appeal. Instead, you will need to follow the rules in section 149V(3) to (7) to appeal the decision.

When you appeal, you need to know which rules to follow so you can do it correctly.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238503.

Topics:

Crime and justice > Courts and legal help

307: Date of hearing, or

"When your appeal is ready to be heard in court, a hearing date is set."

308A: Identification of trade competitors and surrogates, or

"Who are trade competitors and how do they affect each other in law?"

Part 11Environment Court
Appeals from Environment Court decisions

308Appeals to the Court of Appeal

Subpart 8 of Part 6 of the Criminal Procedure Act 2011 applies as far as applicable with the necessary modifications to a decision of the High Court under section 299 as if the decision had been made under section 300 of that Act.
Subsection (1) does not apply to appeals against a determination of the High Court under section 299 if that determination related to a decision of the Environment Court under section 149U. Instead, section 149V(3) to (7) apply.

Notes

Section 308(1): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 308(2): inserted, on 1 October 2009, by section 134 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).