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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 appeal a decision made by a panel, step by step"

Illustration for Fast-track Approvals Act 2024

If you want to appeal a decision made by a panel, you must file a notice of appeal within 20 working days. You do this after the decision document is published under section 88(3). The notice of appeal must include what you are appealing against, the error of law, the grounds of appeal, and what you want to happen.

You must give a copy of the notice of appeal to the panel within the same 20 working days. Then, within 5 working days of filing the notice of appeal in the High Court, you must give a copy to other people involved. This includes the person who will hold the approval, the agencies responsible, and sometimes the chief executive.

You must also give the High Court a copy of the whole decision you are appealing against as soon as it is available. If someone wants to be part of the appeal, they must tell you, the High Court, and the responsible agency within 10 working days of getting the notice of appeal.

The people involved in the appeal are you, the person appealing, and anyone who wants to be part of it. If there's something that isn't covered in this process, 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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99: Appeal against decisions only on question of law, or

"You can appeal a decision to the High Court if you think the law was applied wrongly."

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101: Judicial review, or

"Challenging a decision: how to ask a court to review it"

Part 2Fast-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