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Resource Management Act 1991

Proposals of national significance - How matter decided if direction made to refer matter to board of inquiry or court - Appeals

149V: Appeal from decisions only on question of law

You could also call this:

"You can appeal to the High Court if you think a decision was wrong because it didn't follow the law."

You can appeal to the High Court if you are not happy with a decision made under certain sections of the Resource Management Act. You can only appeal on a question of law, which means you think the decision was wrong because it did not follow the law correctly. You might be appealing a decision made by a board of inquiry or the Environment Court. If you are appealing a decision made by a board of inquiry, the High Court will follow rules set out in sections 300 to 307, but with some changes to make them work for a board of inquiry. The High Court Rules 2016 will also apply if needed. If you are appealing a decision made by the Environment Court, the High Court will follow the rules set out in section 299. You cannot appeal to the Court of Appeal from a decision made by the High Court under this section. However, you can ask the Supreme Court for permission to appeal to them, and they will follow the rules set out in sections 73 to 76 of the Senior Courts Act 2016. If the Supreme Court says no to your appeal, but thinks you should be able to appeal to the Court of Appeal, they can send your case to the Court of Appeal. You must ask the Supreme Court for permission to appeal within 10 working days of the High Court's decision. The Supreme Court or the Court of Appeal must deal with your appeal quickly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417792.

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Part 6AAProposals of national significance
How matter decided if direction made to refer matter to board of inquiry or court: Appeals

149VAppeal from decisions only on question of law

  1. A person described in section 149R(4)(a) to (f) may appeal to the High Court against a decision under section 149R(1) or 149U, but only on a question of law.

  2. An applicant for a matter to which section 149M applies may appeal to the High Court against a decision under subsection (2)(b) of that section, but only on a question of law.

  3. If the appeal is from a decision of a board of inquiry, sections 300 to 307 apply to the appeal subject to the following:

  4. every reference to the Environment Court in those sections must be read as a reference to the board of inquiry; and
    1. those sections must be read with any other necessary modifications; and
      1. the High Court Rules 2016 apply if a procedural matter is not dealt with in the sections.

        1. If the appeal is from a decision of the Environment Court, section 299 applies to the appeal.

        2. No appeal may be made to the Court of Appeal from a determination of the High Court under this section.

        3. However, a party may apply to the Supreme Court for leave to bring an appeal to that court against a determination of the High Court and, for this purpose, sections 73 to 76 of the Senior Courts Act 2016 apply with any necessary modifications.

        4. If the Supreme Court refuses to give leave for an appeal (on the grounds that exceptional circumstances have not been established under section 75 of the Senior Courts Act 2016), but considers that a further appeal from the determination of the High Court is justified, the court may remit the proposed appeal to the Court of Appeal.

        5. No appeal may be made from any appeal determined by the Court of Appeal in accordance with subsection (7).

        6. Despite any enactment to the contrary,—

        7. an application for leave for the purposes of subsection (6) must be filed no later than 10 working days after the determination of the High Court; and
          1. the Supreme Court or the Court of Appeal, as the case may be, must determine an application for leave, or an appeal, to which this section applies as a matter of priority and urgency.

            Notes
            • Section 149V: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
            • Section 149V(3)(c): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
            • Section 149V(6): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
            • Section 149V(7): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).