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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

27: Procedural matters

You could also call this:

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

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 15 working days after you’re told about the decision. In your notice, you need to say which part of the decision you’re appealing, what legal error you think was made, why you’re appealing (in enough detail for everyone to understand), and what you want to happen.

You also need to give a copy of your notice to the panel that made the decision within the same 15 working days. Within 5 working days after filing your appeal, you must give copies to the person who asked for the approval (if it wasn’t you), the relevant government agencies, and everyone who was asked to comment on the application.

You need to give the whole decision you’re appealing to the High Court as soon as you can.

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

The people involved in the appeal are you (the appellant), the panel, and anyone who said they want to be part of it.

If there’s anything not covered by these rules, the High Court Rules 2016 will be used.

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

27Procedural 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 15 working days after the date on which the person is notified of that decision.

  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 whose substantive application sought the approval (if the appellant is not the authorised person); and
            1. the relevant administering agencies; 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. the panel; 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.