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Crown Minerals Act 1991

Permits, access to land, and other matters - Offences and miscellaneous - Royalties and interest

99L: Right of appeal

You could also call this:

"You can appeal if you disagree with a decision about your permit"

Illustration for Crown Minerals Act 1991

If you are a permit holder and you have objected to a decision under section 99K, you can appeal to the District Court against the chief executive's decision. You must do this within 20 working days of being told about the decision under section 99K(6). The District Court can then decide to agree with the decision, change it, or cancel it, and they can also decide how much money you need to pay or get back.

The District Court's decision can be appealed to the High Court, but only if the decision was wrong in law or if the District Court said you have to pay more than $2,000 to the Crown. You or the chief executive can appeal to the High Court. If you appeal, you must say why you think the District Court's decision was wrong.

You can appeal to the High Court if you think the decision is wrong in law, or if you have to pay a lot of money to the Crown. The High Court will then make a decision about your appeal.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5237055.

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Part 1BPermits, access to land, and other matters
Offences and miscellaneous: Royalties and interest

99LRight of appeal

  1. A permit holder who has made an objection under section 99K may, in accordance with the rules of court, appeal to the District Court against the chief executive's determination of the objection.

  2. An appeal must be made not later than 20 working days after the date on which the permit holder is notified of the chief executive's decision under section 99K(6).

  3. The District Court may confirm, reverse, or modify the decision and, if applicable,—

  4. amend the relevant royalty return or default assessment; and
    1. specify the amount of any money to be paid by the permit holder to the Crown or to be refunded to the permit holder, as the case may be.

      1. A decision of the District Court under subsection (3) may be appealed to the High Court, but only if—

      2. the ground of the appeal is that the decision is erroneous in point of law; or
        1. the District Court has determined that an amount of money is payable to the Crown and the amount is more than $2,000.

          1. To avoid doubt, an appeal may be taken under subsection (4) by the permit holder or the chief executive (on behalf of the Crown).

          Notes
          • Section 99L: inserted, on , by section 52 of the Crown Minerals Amendment Act 2013 (2013 No 14).
          • Section 99L(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 99L(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).