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Fast-track Approvals Act 2024

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

100: Procedural matters

You could also call this:

“How to challenge a panel's decision in court”

If you want to appeal a decision made by a panel, you need to follow these steps:

You must file a notice of appeal within 20 working days after the decision document is published. In your notice, you need to explain which part of the decision you’re appealing, what legal error you think was made, and why you’re appealing. You also need to say what outcome you want.

You have to give a copy of your appeal notice to the panel that made the decision. You also need to send copies to the person who asked for the approval (if it wasn’t you), the agencies involved, and anyone who was asked to comment on the decision. If the decision is about certain coastal permits, you need to inform the relevant chief executive too.

You must give the High Court a copy of the full decision you’re appealing as soon as you can.

If someone who receives your appeal notice wants to be part of the appeal, they need to let you, the High Court, and the responsible agency know within 10 working days.

The people involved in the appeal will be you (the appellant) and anyone who says they want to be part of it.

If there’s anything about the process that isn’t covered here, the High Court Rules 2016 will apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943303.

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99: Appeal against decisions only on question of law, or

"You can challenge a panel's legal decisions, but not their judgement"

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101: Judicial review, or

"Rules for challenging decisions in court"

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

100Procedural matters

  1. A person entitled, and intending, to appeal against a decision of a panel (the appellant) must file a notice of appeal no later than 20 working days after the date on which the decision document that relates to the approval is published under section 88(3).

  2. The notice of appeal must specify—

  3. the decision or the part of the decision appealed against; and
    1. the error of law alleged by the appellant; and
      1. the grounds of appeal, with sufficient particularity for the court and other parties to understand them; and
        1. the relief sought.

          1. No later than the time specified for filing a notice of appeal under subsection (1), the appellant must serve a copy of the notice of appeal on the panel whose decision is subject to the appeal.

          2. No later than 5 working days after the notice of appeal is filed in the High Court, the appellant must serve a copy of the notice of appeal on—

          3. the authorised person who is the proposed holder of the relevant approval (if that person is not the appellant); and
            1. the relevant administering agencies; and
              1. for an appeal against a decision on an approval described in section 42(4)(a) or (b) that relates to a coastal permit for which an aquaculture decision is required under section 80, the relevant chief executive; and
                1. every person or group invited to provide comments to the panel.

                  1. The appellant must provide a copy of the whole decision appealed against to the Registrar of the High Court immediately after it becomes available.

                  2. If a person served with a notice of appeal under subsection (4) wishes to appear at the appeal, the person must serve a notice of intention to appear on—

                  3. the appellant; and
                    1. the Registrar of the High Court; and
                      1. the responsible agency.

                        1. A notice of intention to appear must be served no later than 10 working days after the day on which the person was served with the notice of appeal under subsection (4).

                        2. The parties to an appeal under this section are—

                        3. the appellant; and
                          1. any person who gives a notice of intention to appear.

                            1. The High Court Rules 2016 apply if a procedural matter is not provided for by this section.

                            Compare
                            • 2020 No 35 Schedule 6 cl 45