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Fast-track Approvals Act 2024

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

99: Appeal against decisions only on question of law

You could also call this:

"Challenging a decision in court, but only about the law"

Illustration for Fast-track Approvals Act 2024

You can appeal to the High Court against a decision to grant or decline an approval under this Act, but only on a question of law. You might be the applicant, a local authority, the Attorney-General, or someone who commented on the application under section 17(1) or 53(2). The High Court's decision can be appealed to the Supreme Court. If the Supreme Court says no to an appeal, but thinks it is justified, they can send it to the Court of Appeal. You cannot appeal the Court of Appeal's decision. The Supreme Court or Court of Appeal must deal with these appeals quickly. For appeals, some decisions are treated as granting or declining an approval, even if they have conditions. These include decisions about land exchange and aquaculture. You must apply for leave to appeal to the Supreme Court within 10 working days of the High Court's decision. The court will prioritise these appeals.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943301.

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

99Appeal against decisions only on question of law

  1. Any of the following persons may appeal to the High Court against the whole or a part of the decision of a panel to grant or decline to grant an approval under this Act, but only on a question of law:

  2. the applicant (or, if the substantive application was lodged by more than 1 authorised person, the person who was proposed to hold the approval):
    1. any relevant local authority:
      1. the Attorney-General:
        1. any person or group that provided comments in response to an invitation given under section 17(1) or 53(2) or any of section 35(1)(a) to (d).

          1. No appeal may be made to the Court of Appeal against a determination of the High Court under this section.

          2. However, a party may apply to the Supreme Court for leave to bring an appeal to that court against a determination of the High Court and, for this purpose, sections 73 to 76 of the Senior Courts Act 2016 apply with any necessary modifications.

          3. If the Supreme Court refuses to give leave for an appeal (on the grounds that exceptional circumstances have not been established under section 75 of the Senior Courts Act 2016) but considers that a further appeal from the determination of the High Court is justified, the court may remit the proposed appeal to the Court of Appeal.

          4. No appeal may be made against any appeal determined by the Court of Appeal in accordance with subsection (4).

          5. Despite any legislation to the contrary,—

          6. an application for leave for the purposes of subsection (3) must be filed no later than 10 working days after the determination of the High Court; and
            1. the Supreme Court or the Court of Appeal, as the case may be, must determine an application for leave, or an appeal, to which this section applies, as a matter of priority and urgency.

              1. For the purposes of subsection (1),—

              2. a decision under section 81 on an approval described in section 42(4)(f) (land exchange) is a decision to grant or decline to grant an approval regardless of whether the decision is treated as conditional under section 86:
                1. the following are part of a decision to grant or decline to grant an approval:
                  1. an aquaculture decision made by a panel in relation to the approval:
                    1. a decision made by a panel on an application under clause 7 of Schedule 8 (application for approval of person to carry out activity).

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                    Notes
                    • Section 99(1)(d): replaced, on , by section 45 of the Fast-track Approvals Amendment Act 2025 (2025 No 78).