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Offshore Renewable Energy Bill

Administration and enforcement - Appeals and regulations - Appeals

165: Right of appeal to High Court on question of law

You could also call this:

"You can ask the High Court to review a Minister's decision about your offshore energy permit if you think it's wrong in law."

Illustration for Offshore Renewable Energy Bill

If a Minister makes a decision about your offshore renewable energy permit, you can appeal to the High Court. You can appeal if the Minister rejects your application for a permit under section 28, or rejects your application to make a minor extension to the permit area under section 37.

You can also appeal if the Minister rejects your application to extend the duration of a permit under section 39 or 40, amends the conditions of a permit under section 41, or declines to give approval for a transfer under section 42.

Other reasons you can appeal include if the Minister declines to give approval for a change in significant influence under section 48, revokes an approval for a change in significant influence under section 49, or revokes a permit under section 55. You can also appeal if the Minister grants or rejects an application to surrender all or part of a permit under section 58.

You can only appeal on a question of law, and you must do it within 20 working days after the Minister tells you about their decision. The High Court can then confirm, reverse, or modify the Minister's decision. This does not affect your right to apply for judicial review.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992356.

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166: Consequences of appeal to High Court, or

"What happens when you appeal to the High Court about a decision"

Part 4Administration and enforcement
Appeals and regulations: Appeals

165Right of appeal to High Court on question of law

  1. A person may appeal to the High Court against the following decisions of the Minister if the person is a person in respect of whom the decision was made:

  2. rejecting an application for a commercial permit under section 28:
    1. rejecting an application to make a minor extension to the permit area under section 37:
      1. rejecting an application to extend the duration of a permit under section 39 or 40:
        1. amending the conditions of a permit under section 41:
          1. declining to give approval for a transfer under section 42:
            1. declining to give approval for a change in significant influence under section 48:
              1. revoking an approval for a change in significant influence under section 49:
                1. revoking a permit under section 55:
                  1. granting (including provisionally granting) or rejecting an application to surrender all or part of a permit under section 58.

                    1. An appeal under this section may only be on a question of law.

                    2. An appeal must be made within 20 working days after the date on which notice of the decision was communicated to the appellant or within any further time that the High Court may allow.

                    3. The High Court may confirm, reverse, or modify the decision.

                    4. Nothing in this section affects the right of any person to apply for judicial review.