Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

Permits, enforcement, and regulations for protected areas - Permits

41: Appeal to High Court on question of law

You could also call this:

"Challenging a decision in the High Court if you think the law was wrong"

Illustration for Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

You can appeal to the High Court if you disagree with a decision made by the Director-General. You might be the person who applied for a permit, the person who holds the permit, or an iwi that takes care of the protected area. The Director-General's decisions that can be appealed include whether to give you a permit, what conditions are on the permit, or whether to take the permit away. You can only appeal if you think the Director-General made a mistake about the law. The High Court will look at whether the decision was correct according to the law. This means you cannot appeal just because you do not like the decision. The decisions that can be appealed are about permits in protected areas. These decisions are important because they affect how people use the protected areas. You have the right to appeal to the High Court if you think the law was not followed correctly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS882835.


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40: Revocation of permit or amendment to permit conditions due to adverse effects and other grounds, or

"The Director-General can cancel or change a permit if it harms the environment or doesn't meet rules."


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42: Permit may be transferred, or

"You can give your permit to someone else if the boss agrees"

Part 3Permits, enforcement, and regulations for protected areas
Permits

41Appeal to High Court on question of law

  1. The following persons may appeal to the High Court against the decisions of the Director-General specified in subsection (2):

  2. the applicant:
    1. the permit holder:
      1. iwi that exercise kaitiakitanga in the protected area.
        1. The decisions that may be appealed against are—

        2. the decision to grant or decline an application for a permit:
          1. the decision to impose any conditions on the granting of a permit:
            1. the decision to make any amendment to the conditions of a permit:
              1. the decision to grant or decline an application to amend permit conditions:
                1. the decision to revoke a permit.
                  1. An appeal brought under this section may be only on a question of law.