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Resource Management Act 1991

Miscellaneous provisions - Rights of objection

358: Appeals against certain decisions or objections

You could also call this:

“You can challenge decisions about objections by taking them to a special court.”

If you’ve made an objection under section 357, section 357A(1)(a), (d), (f), or (g), or section 357B, you can appeal to the Environment Court if you don’t agree with the decision on your objection.

However, you can’t appeal some objections. These include objections about certain consent authority decisions, objections about resource consent applications or reviews, and objections to boards of inquiry.

If you want to appeal, you need to fill out a form that explains why you’re appealing. You must send this form to the Environment Court within 15 working days after you’re told about the decision on your objection. Sometimes, the court might give you more time to do this.

When you send your appeal to the Environment Court, you also need to send a copy to the consent authority or local authority at the same time.

You can’t use this appeal process if you’ve already appealed about the same issue under section 120.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239364.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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357D: Decision on objections made under sections 357 to 357B, or

“The authorities decide if your complaint about a decision is right or wrong, and tell you why.”

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“Regional councils collect money from resource consent holders and put it in the government's bank account.”

Part 14 Miscellaneous provisions
Rights of objection

358Appeals against certain decisions or objections

  1. Any person who has made an objection under section 357 or section 357A(1)(a), (d), (f), or (g) or section 357B may appeal to the Environment Court against the decision on the objection.

  2. However, appeals from the following objections are excluded:

  3. an objection under section 357A(1)(f) or (g) in respect of a decision of a consent authority or hearings commissioner on an application or a review described in section 357A(2) to (4), if the right of appeal against the decision to the Environment Court in the first instance is excluded by section 120(1A):
    1. an objection to an authority under section 357(2), if the submission relates to an application for a resource consent, a review of a resource consent, or an application to change or cancel a condition of a resource consent:
      1. an objection to an authority under section 357(3A) or (8):
        1. an objection to a board of inquiry under section 357(2) or (4).

          1. Notice of an appeal under this section shall be in the prescribed form, stating the reasons for the appeal, and shall be lodged with the court within 15 working days after the decision on the objection being notified to that person under section 357D(2) or within such further time as the Environment Court may in any case allow.

          2. Any person lodging an appeal under this section shall ensure that a copy of the notice of appeal is served on the consent authority or local authority at the same time as the notice is lodged with the Environment Court.

          3. This section shall not apply to any person who has already exercised a right of appeal in respect of the same matter under section 120.

          Notes
          • Section 358(1): replaced, on , by section 162 of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 358(1): amended, on , by section 170(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 358(1): amended, on , by section 146(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 358(1): amended, on , by section 125(1) of the Resource Management Amendment Act 2005 (2005 No 87).
          • Section 358(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 358(1A): inserted, on , by section 170(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 358(1A)(a): amended, on , by section 100 of the Resource Management Amendment Act 2020 (2020 No 30).
          • Section 358(2): amended, on , by section 125(2) of the Resource Management Amendment Act 2005 (2005 No 87).
          • Section 358(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 358(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).