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Resource Management Act 1991

Transitional provisions - Transitional resource consents

390A: Appeals

You could also call this:

"What happens if you want to appeal a decision about a resource consent under the old law"

If you appeal to the Environment Court about a permission, the court will keep looking at your appeal. This is because the appeal was started before the new law began, and it was not finished at that time. The court will look at your appeal as if the old law was still in place.

You can still appeal to the Environment Court if you had the right to appeal before the new law began. This is the case if a decision was made about your permission application before the new law started, and your time to appeal had not run out. You can also appeal if a decision was made about your permission application under section 390, which is about a kind of permission described in section 389(1)(a)(i).

If you would have had the right to appeal or ask for a review under the old law, you can still do this. This applies to decisions about permission applications or appeals that are covered by this section or section 389(1)(a)(i).

If the Environment Court decides to grant you a permission, this will be like getting a resource consent under the new law. The new law will then apply to your permission.

When we talk about the right of appeal, we mean the whole process of appealing, including the hearing and the decision. This includes appeals that were started before 1 October 1991, even if the time to appeal had run out by then.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239891.

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Part 15Transitional provisions
Transitional resource consents

390AAppeals

  1. All appeals to the Environment Court arising out of applications for permissions covered by section 389(1)(a)(i), that were lodged with the Environment Court before the date of commencement of this Act and were not completed at that date shall be continued and completed in all respects (whether or not any hearing has commenced) as if the enactments repealed by this Act continued in force.

  2. Where any applicant or other person had a right of appeal to the Environment Court—

  3. in any case where a determination of an application for a permission of a kind described in section 389(1)(a)(i) had been made before the date of commencement of this Act, and the right of appeal had not expired on the date of commencement of the Act; or
    1. in respect of a determination made under section 390 on an application for a permission of a kind described in section 389(1)(a)(i)—
        1. the applicant or other person may, notwithstanding the repeal or amendment of any enactment by this Act, continue to exercise that right; and any such appeal shall be continued and completed as if the relevant enactment so repealed or amended continued in force or continued in force without amendment, as the case may be.

      1. Any person who, if this Act had not been enacted, had—

      2. a right of appeal on any question of law; or
        1. a right to make an application for review—
            1. in respect of any determination of any application or of the determination of any appeal, to which this section or section 389(1)(a)(i) applies, may continue to exercise that right.

          1. Where the effect of any determination made under this section is that the permission is granted, the grant shall constitute the grant of a resource consent of the appropriate kind under this Act; and this Act shall apply accordingly.

          2. For the purposes of this section, the term right of appeal includes the hearing and determination of the appeal (including an appeal where the notice of appeal was lodged and the date for the lodging of the appeal expired before 1 October 1991).

          Notes
          • Section 390A: inserted, on , by section 181 of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 390A(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 390A(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).