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Fast-track Approvals Bill

Fast-track approval approvals process for eligible projects - Miscellaneous provisions - Appeals against decisions of joint Ministers panels

26: Appeal against decisions only on question of law

You could also call this:

“You can only challenge a panel's decision if you think they made a mistake about the law”

You can appeal a panel’s decision to grant or deny approval under this Act, but only if you think there’s a legal error. You can’t appeal just because you don’t like the decision.

You can appeal if you’re the person who asked for approval, a local authority involved, the Attorney-General, someone who commented on the application, or someone with a special interest in the decision.

If you appeal, you’ll go to the High Court. After that, you can’t appeal to the Court of Appeal. But you can ask the Supreme Court for permission to appeal there. If they say no, but think your case should be heard again, they might send it to the Court of Appeal.

You have to ask for permission to appeal to the Supreme Court within 10 working days after the High Court’s decision. The Supreme Court or Court of Appeal will treat your case as urgent and important.

When we talk about appealing a decision, we also mean appealing decisions about fish farming or about who can do certain activities.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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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27: Procedural matters, or

“Steps to follow when appealing a panel's decision”

Part 2 Fast-track approval approvals process for eligible projects
Miscellaneous provisions: Appeals against decisions of joint Ministers panels

26Appeal 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 authorised person whose substantive application sought 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 this Act:
          1. any person who has an interest in the decision appealed against that is greater than that of the general public.

            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) , the following are part of a decision to grant or decline an approval:

                2. an aquaculture decision made by a panel in relation to the approval:
                  1. a decision made by a panel on an application under clause 6 of Schedule 7 (application for approval of person to carry out activity).