To the Registrar
Auckland, Wellington, and Christchurch
1
I, [full name], appeal against a decision (or part of a decision) of [name of local authority] on the following policy statement (or plan or change or variation):
[Name of the proposed or existing policy statement or plan or change or variation to which the decision relates.]
2
I/we* made a submission (or comment or information to the Panel) on that policy statement (or plan or change or variation) in relation to the provision or matter that is the subject of this appeal.
3
I am/am not* a trade competitor for the purposes of section 308D of the Resource Management Act 1991.
4
*I am/am not† directly affected by an effect of the subject of the appeal that—
(a)
adversely affects the environment; and
(b)
does not relate to trade competition or the effects of trade competition.
*Omit this paragraph if you are not a trade competitor. |
†Select one. |
5
I received notice of the decision on [date].
6
The decision was made by [name of authority].
The decision (or part of the decision) that I am appealing is:
[State—
a summary of the decision or part of the decision; and
the specific provision or matter that the decision includes in, or excludes from, the policy statement or plan or change or variation (or that the decision proposes to include or exclude).]
7
The reasons for the appeal are as follows:
[Set out why you are appealing the decision or part of the decision and give reasons for your views.]
[Select one and state—
the decision (or part of the decision) is inconsistent with the recommendations of the review panel under clause 54 of Schedule 1 of the Resource Management Act 1991 (the Act).
The decision (or part of the decision) that I am appealing is related to a matter(s) in which the collaborative group did not reach a consensus position and—
- *•
has been included under clause 46(2)(b)(ii) of Schedule 1 of the Act
- *•
was recommended by the review panel but opposed by the collaborative group under clause 54(3)(b) of Schedule 1 of the Act.
the decision (or part of the decision) accepts (or rejects) a recommendation of the review panel under clause 54(1) of Schedule 1 of the Act for a provision in the proposed plan in relation to a requirement, designation, or heritage order that the requiring authority or heritage protection authority did not support, or supported with changes under clause 54(4)(b) of Schedule 1 of the Act.
8
I seek the following relief:
9
I attach the following documents* to this notice:
- (a)
a copy of my submission (or further submission (with a copy of the submission opposed or supported by my further submission)):
- (b)
a copy of the relevant decision (or part of the decision):
- (c)
any other documents necessary for an adequate understanding of the appeal:
- (d)
a list of names and addresses of persons to be served with a copy of this notice.
*These documents constitute part of this form and, as such, must be attached to both copies of the notice lodged with the Environment Court. The appellant does not need to attach a copy of a regional or district plan or policy statement. In addition, the appellant does not need to attach copies of the submission and decision to the copies of the notice served on other persons if the copy served lists these documents and states that copies may be obtained, on request, from the appellant. |
Date:
Signature of appellant (or person authorised to sign on behalf of appellant):
Postal address (or alternative method of service under section 352 of the Act).
Contact person: [name and designation, if applicable]
Note to appellant
You may appeal only if—
you referred in your submission or further submission to the provision or matter that is the subject of your appeal; or
in the case of a decision relating to a proposed policy statement or plan (as opposed to a variation or change), your appeal does not seek withdrawal of the proposed policy statement or plan as a whole.
Your right to appeal is limited by clause 60 of Schedule 1 of the Act.
If you are a group or a person specified in clause 60(2) of Schedule 1 of the Act, you may appeal to the Environment Court against a decision of a local authority made under clause 55(1) of that schedule if there is no right of appeal in relation to that matter under clause 60 of that schedule.
Your right to appeal may be limited by the trade competition provisions in Part 11A of the Act.
The Environment Court, when hearing an appeal under clause 61 of Schedule 1 of the Act, may consider only the question of law raised.
You must lodge the original and 1 copy of this notice with the Environment Court within 30 working days after the local authority publicly notifies the decision being appealed. The notice must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.
You must serve a copy of this notice on the local authority within 30 working days after the local authority publicly notifies the decision, and on the Minister of Conservation (if the appeal is on a regional coastal plan) within 5 working days after the notice of appeal is lodged with the Environment Court.
You must also serve a copy of this notice on every person who made a submission to which the appeal relates within 5 working days after the notice is lodged with the Environment Court.
Within 10 working days after lodging this notice, you must give written notice to the Registrar of the Environment Court of the name, address, and date of service for each person served with this notice.
However, you may apply to the Environment Court under section 281 of the Act for a waiver of the above timing or service requirements (see form 38).
Advice to recipients of copy of notice of appeal
How to become party to proceedings
You may be a party to the appeal if you made a submission or a further submission on the matter of this appeal.
To become a party to the appeal, you must,—
within 15 working days after the period for lodging a notice of appeal ends, lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court and serve copies of your notice on the relevant local authority and the appellant; and
within 20 working days after the period for lodging a notice of appeal ends, serve copies of your notice on all other parties.
Your right to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1) and Part 11A of the Act.
You may apply to the Environment Court under section 281 of the Act for a waiver of the above timing or service requirements (see form 38).
*How to obtain copies of documents relating to appeal
The copy of this notice served on you does not have attached a copy of the appellant’s submission or the decision or part of the decision† appealed. These documents may be obtained, on request, from the appellant.
*Omit this paragraph if the documents are attached to copies of the notice of appeal served on other persons. |
† Select one. |
Advice
If you have any questions about this notice, contact the Environment Court in Auckland, Wellington, or Christchurch.