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Local Government (Water Services) Act 2025

Provision of water services: operational matters - Trade waste discharges - Internal review of decision to decline trade waste permit

195: Appeal to District Court

You could also call this:

"You can appeal to the District Court if you're unhappy with a trade waste permit decision"

Illustration for Local Government (Water Services) Act 2025

If you applied for a trade waste permit and are not happy with the decision, you can appeal to the District Court. You can appeal if you do not like the decision notified under section 193 or if the original decision is treated as confirmed under section 192(6).

You must make your appeal within 20 working days after you receive notification of the outcome of the internal review or after the original decision is treated as confirmed under section 192(6).

The court can then decide what to do with your appeal, such as confirming, reversing, or modifying the original decision, or sending it back to the territorial authority.

The territorial authority's decision stays in place until the court makes a decision on your appeal, unless the court says otherwise.

The court can also decide who pays the costs of the appeal, which could be you or the territorial authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004625.

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"Stopping a decision while it's being reviewed"

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Part 3Provision of water services: operational matters
Trade waste discharges: Internal review of decision to decline trade waste permit

195Appeal to District Court

  1. An applicant for a trade waste permit who is not satisfied—

  2. with a decision notified under section 193 may appeal to the District Court against the decision:
    1. with the original decision being treated as having been confirmed under section 192(6) may appeal to the District Court against that confirmation.

      1. An appeal under this section must be made within 20 working days after—

      2. the applicant receives notification of the outcome of the internal review; or
        1. the original decision is treated as having been confirmed under section 192(6).

          1. The court may—

          2. confirm, reverse, or modify the original decision; or
            1. refer the matter back to the territorial authority in accordance with the rules of court; or
              1. make any decision that the territorial authority could have made.

                1. Subject to any order of the court, every decision of the territorial authority continues in force and has effect pending the determination of an appeal against it.

                2. On any appeal under this section, the court may order the territorial authority or the appellant to pay the costs incurred by the other party in respect of the appeal.