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Planning Bill

Planning consents - Conditions and other requirements relating to decisions - Appeals

154: Right to appeal

You could also call this:

"Appealing a planning decision to the Environment Court"

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You can appeal to the Environment Court about a decision made by a consent authority. You can appeal if you are the person who applied for a planning consent, or if you made a submission about the application. You can appeal against the whole decision or just part of it. You can appeal about things you mentioned in your submission, except for parts that were struck out under section 133. You can also appeal about things you did not mention in your submission. This right to appeal is in addition to other rights you have, which are outlined in Schedule 10. You should look at section 155 to find out how to appeal to the Environment Court. This section gives you more options for appealing a decision, on top of what is already available in Schedule 10. You can use this right to appeal if you are not happy with a decision made by a consent 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=LMS1505947.

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Part 4Planning consents
Conditions and other requirements relating to decisions: Appeals

154Right to appeal

  1. Any 1 or more of the following persons may appeal to the Environment Court in accordance with section 155 against the whole or any part of a decision of a consent authority on an application for a planning consent, or an application for a change of consent conditions, or on a review of consent conditions:

  2. the applicant or consent holder:
    1. any person who made a submission on the application or review of consent conditions.
      1. A person exercising a right of appeal under subsection (1)(b) may appeal—

      2. any matter that was raised in the person’s submission except any part of the submission that is struck out under section 133; and
        1. any matter that was not raised in the person’s submission.
          1. This section is in addition to the rights provided for in Schedule 10 (which provides for review by the Planning Tribunal).