New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Any person who has been refused consent by a requiring authority under section 176(1)(b), 177(2), or 178(2), or who has been granted such consent subject to conditions, may appeal to the Environment Court against the refusal or the conditions.
(2) Notice of an appeal under this section shall—
(a) state the reasons for the appeal and the relief sought; and
(b) state any matters required to be stated by regulations; and
(c) be lodged with the Environment Court and served on the requiring authority whose decision is appealed against within 15 working days of receiving the requiring authority's decision under section 176(1)(b), 177(2), or 178(2).
(3) In considering an appeal under this section, the court shall have regard to—
(a) whether the decision appealed against has caused or is likely to cause serious hardship to the appellant; and
(b) whether the decision appealed against would render the land which is subject to the designation or requirement incapable of reasonable use; and
(c) the extent to which the decision may be modified without wholly or partly nullifying the effect of the requirement or designation—
and may confirm or reverse the decision appealed against or modify the decision in such manner as the court thinks fit.
Section 179(1): amended, on 1 October 2009, by section 110(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 179(1): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 179(2)(c): amended, on 1 October 2009, by section 110(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 179(2)(c): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 179(3): substituted, on 7 July 1993, by section 93 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 179(3): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
