Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Environment Court - Appeals from Environment Court decisions

308: Appeals to the Court of Appeal

You could also call this:

“This explains how you can ask for another judge to look at a decision if you think it's wrong.”

If you want to appeal a decision made by the High Court under section 299, you can do so through the Court of Appeal. The process for this appeal is similar to how you would appeal other criminal cases. The rules for these appeals are found in Subpart 8 of Part 6 of the Criminal Procedure Act 2011.

However, there’s an exception to this rule. If the High Court’s decision was about something the Environment Court decided under section 149U, you can’t use the process described above. Instead, you need to follow the rules in section 149V(3) to (7).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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 all the necessary steps are done, the court will set a date to hear your appeal as soon as possible.”

308A: Identification of trade competitors and surrogates, or

“This law explains who can and can't complain about business rivals in environmental cases.”

Part 11 Environment 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).