Proceedings begin in the Environment Court once someone has correctly lodged a notice of appeal or application with the registrar and paid the filing fee.
Before you lodge your appeal you should check that you have a right of appeal to the Environment Court.
You cannot appeal on applications which have been decided by boards of inquiry or the Environment Court, rather than by the local council. Any appeal on these decisions must be made to the High Court and can be on points of law only. Freshwater and streamlined planning processes also have limits on appeals.
You can appeal decisions by a local council, if you:
- were an applicant for a resource consent (except in relation to deemed permitted boundary activities)
- made a submission on a resource consent application or designation
- made a submission on a proposed plan under the standard plan-making process
- have received an abatement notice.
The RMA restricts trade competitors from becoming involved in the appeal process at the Environment Court. This is to ensure that one business does not use the RMA to lodge appeals against another one, purely to get a commercial advantage. This is quite a complex part of the RMA and if you think it may apply to you, you will need to get legal advice.
More information
Before you lodge your appeal, see the Practice Note of the Environment Court. This is a guide to the court’s practice and procedure.
To lodge an appeal, you or your representative must:
- Sign the correct form.
- Send a copy of the appeal or application to:
- the correct office of the Environment Court
- the council that made the decision (this is referred to as the council being served)
- any submitters on the application.
- Meet the deadline specified in the RMA (see table below).
- Pay the required filing fees or apply to have the required filing fee waived.
Forms
You must provide all the details required on the form. In particular, clearly state the reasons for your appeal, including the parts of the decision you oppose and why, and what outcome you seek.
The form also lists the documents you need to include. For example, a copy of the decision that you are appealing, and any submissions you made during the council process.
If you do not provide everything that is required, your appeal may not be lodged and it may be sent back to you for more details.
Download forms
Deadlines
You must comply with any deadlines. If you miss the deadline for lodging your appeal, you can apply to the Environment Court for a waiver of the time requirement. This will only be granted if the other parties give their consent, or if the court considers that other parties will not be disadvantaged.
Table 2: Deadlines and actions for lodging common types of appeals
| Type of appeal | Lodge with | Other actions | Deadline |
|---|---|---|---|
|
Against a council decision on a resource consent
Against a requiring authority decision on a designation |
Environment Court registrar |
Serve notice on the court and on the relevant council
Provide a copy of the notice to anyone who made a submission and give the court registrar the names and addresses of these people |
Within 15 working days of receiving notice of the decision
Within 5 working days of lodging the appeal with the Environment Court |
| Against a decision on a proposed plan or policy statement, or against a decision of a requiring authority or heritage protection authority | Environment Court registrar |
Serve notice on the council (and the requiring authority where applicable)
Provide a copy of the notice to everyone who made a submission about the subject matter of your appeal |
Within 30 working days of receiving notice of the decision
Within 5 working days of lodging your appeal |
| Against a regional coastal plan | Environment Court registrar |
Serve notice on the Minister of Conservation and on the relevant council
Provide a copy of the notice to everyone who made a submission about the subject matter of your appeal |
Within 30 working days of receiving notice of the decision
Within 5 working days of lodging your appeal |
See more on...
How do I appeal?
February 2021
© Ministry for the Environment