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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 only challenge a decision in court if you think the law was not followed correctly.”

You can appeal to the High Court if you disagree with certain decisions, but only if you think the decision-makers made a mistake about the law. This applies to decisions made under section 149R(1) or 149U.

If you applied for something under section 149M, you can also appeal to the High Court if you disagree with their decision, but again, only about the law.

If you’re appealing a decision made by a board of inquiry, special rules apply. These rules are similar to those used for the Environment Court, but with some changes.

If you’re appealing a decision made by the Environment Court, a different set of rules apply.

You can’t appeal to the Court of Appeal after the High Court makes a decision. However, you can ask the Supreme Court for permission to appeal to them. If the Supreme Court says no but thinks your appeal should still be heard, they might send it to the Court of Appeal instead.

You have to ask for permission to appeal within 10 working days after the High Court’s decision. The Supreme Court or Court of Appeal will treat your request as urgent and important.

Remember, this is just about appealing decisions on questions of law. It doesn’t cover appeals about other types of decisions.

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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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149U: Consideration of matter by Environment Court, or

“The Environment Court looks at special cases and decides what to do based on certain rules.”

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“ The local council must make changes to plans or policies when a special group or court tells them to. ”

Part 6AA Proposals 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).