Health Act 1956

Powers and duties of local authorities - Offensive trades

55: Appeal against decision refusing consent for offensive trade or refusing registration of premises for offensive trade

You could also call this:

"Appealing a decision about starting a smelly or messy business"

If a local authority or a medical officer of health says you cannot start an offensive trade, or you cannot register a place for an offensive trade, you can appeal. You can appeal to the District Court if they refuse your consent or registration. You have to do this within three months of being told about the decision.

If a local authority agrees to let someone start an offensive trade near their boundary, another local authority can also appeal to the District Court. They can do this if the trade will be within eight kilometres of their district. This appeal also has to be done within three months.

You can appeal against a decision made under section 54(1) or section 54(5) of the Health Act 1956. The District Court will then look at your appeal. You must make sure you appeal on time, which is within three months of being notified.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307030.

54: Restrictions on carrying on offensive trade, or

"Rules for starting a business that might smell bad or be annoying"

56: Local authority to notify medical officer of health of registered chemical works, or

"Tell the medical officer about chemical works in your local area"

Part 2Powers and duties of local authorities
Offensive trades

55Appeal against decision refusing consent for offensive trade or refusing registration of premises for offensive trade

This section applies if—
consent to establish, or to erect or extend premises for, an offensive trade under section 54(1) is refused by a local authority or the medical officer of health; or
a local authority refuses to register or renew the registration of premises for an offensive trade under section 54(5).

A person who is refused consent, or registration or renewal of registration, may appeal to the District Court.
If a local authority consents to the establishment of an offensive trade that will be located within 8 kilometres of the boundary of the district of any other local authority, that other local authority may appeal the decision to the District Court.
An appeal under this section must be brought within 3 months after the date on which the person or the other local authority is notified of the decision.

Notes

Section 55: replaced, on 14 November 2018, by section 73 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).