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Fisheries Act 1996

Taiapure-local fisheries and customary fishing

182: Appeal on question of law

You could also call this:

"Challenging a tribunal decision about the law in the High Court"

Illustration for Fisheries Act 1996

If you are unhappy with a decision made by a tribunal under section 181, you can appeal to the High Court. You can only appeal if you think the tribunal made a mistake about the law. The High Court will look at the question of law and give its opinion. The rules that apply to this appeal are similar to the rules in sections 299 and 308 of the Resource Management Act 1991, which are used when the Environment Court makes a decision.

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"A special court looks into your concerns about a fishing proposal"

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Part 9Taiapure-local fisheries and customary fishing

182Appeal on question of law

  1. If any party to any proceedings under section 181 before a tribunal appointed under that section is dissatisfied with the report or any recommendation of the tribunal as being erroneous in point of law, that party may appeal to the High Court by way of case stated for the opinion of the court on a question of law only, and the provisions of sections 299 and 308 of the Resource Management Act 1991 shall, with any necessary modifications, apply in respect of the report or recommendation in the same manner as they apply in respect of a decision of the Environment Court under that Act.

Compare
  • 1983 No 14 s 54H
  • 1989 No 159 s 74
  • 1991 No 169 s 362
Notes
  • Section 182: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
  • Section 182: amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).