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Fast-track Approvals Act 2024

Fast-track approvals process - Miscellaneous provisions - Appeals and judicial review

101: Judicial review

You could also call this:

“Rules for challenging decisions in court”

If you want to challenge a decision about a referral application or an approval in court, you need to do this through a process called judicial review. You must file your application for judicial review with the High Court within 20 working days after the decision is published. If you need more time, you can ask the High Court for an extension before the 20 working days are up.

If you want to appeal a decision about an approval and also apply for judicial review of the same decision, you need to file both applications together. The only exception is if the High Court gives you permission to file them separately.

When you file an appeal and a judicial review application together, the High Court will try to hear both cases at the same time. However, if it’s not practical to do so, they might hear them separately.

This law doesn’t limit your right to apply for judicial review for any other matters related to this Act, except for the rules mentioned above.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1010380.

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Part 2 Fast-track approvals process
Miscellaneous provisions: Appeals and judicial review

101Judicial review

  1. An application for review under the Judicial Review Procedure Act 2016 (or any proceeding required by that Act to be treated and disposed of as if it were an application for judicial review) (a judicial review) that relates to a decision on a referral application or an approval sought in a substantive application must be filed with the High Court—

  2. no later than 20 working days after,—
    1. in the case of an application for judicial review that relates to a decision on a referral application, notice of the decision on the referral application is published under section 28(1)(b):
      1. in the case of an application for judicial review that relates to a decision on an approval, the decision document for the approval is published under section 88(3); or
      2. within any further time allowed by the High Court on application filed before the expiry of that 20-working-day period.

        1. If a person wishes to appeal under section 99 in relation to a decision on an approval and to also apply for judicial review in relation to the same decision, the person must file the applications for appeal and judicial review together, unless the High Court grants leave for the person to file the applications separately.

        2. If an appeal and an application for judicial review are filed together, the High Court must try to hear the proceedings together, but need not if the court considers it impracticable to do so in the circumstances of the particular case.

        3. Except as provided in this section, nothing in this Act limits or affects any right of judicial review a person may have in respect of any matter to which this Act applies.

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