Affordable Housing: Enabling Territorial Authorities Bill 189-2 (2007), Government Bill

  • enacted
26 Appeals made to Environment Court
  • (1) A person who has objected under section 24(1), (2), or (3) The following persons who objected to the territorial authority under section 25 may appeal to the Environment Court against the territorial authority’s decision under section 25:

    • (a) a person doing a development:

    • (b) the owner of the land on which a person proposes to do a development:

    • (c) the owner of land bordering the land on which a person proposes to do a development:

    • (d) a person affected by a decision on a section 11 or 14 matter.

    (2) The person must—

    • (a) lodge a notice of appeal with the Environment Court in form 34 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003:

    • (b) lodge the notice within 15 working days after the date of the notice under section 25(4)(c) or a longer time that the court allows:

    • (ba) lodge the notice within—

      • (i) 15 working days after the date on which the person receives the notice given under section 25(4)(c); or

      • (ii) a longer time that the court allows:

    • (c) serve a copy of the notice on the territorial authority.

    (3) The court must—

    • (a) hear the appeal on the merits of the case:

    • (b) have regard to the decision that is the subject of the appeal:

    • (c) do 1 of the following:

      • (i) dismiss the objection:

      • (ii) partly uphold the objection:

      • (iii) wholly uphold the objection.

    (4) Part 11 of the Resource Management Act 1991 and regulations under the Resource Management Act 1991 apply to an appeal under this section.