Section 174 — Resource Management Act 1991: Appeals

174 Appeals (1) Any one or more of the following persons may appeal to the Environment Court in accordance with this section against the whole or any part of a decision of a requiring authority under section 172 : (a) The territorial authority concerned: (b) Any person who made a submission on the requirement. (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 be served on the requiring authority whose decision is appealed against, within 15 working days of the date on which notice of the decision is given in accordance with section 173 . (3) The appellant shall ensure that a copy of the notice of appeal is served on every person referred to in subsection (1) (other than the appellant), within 5 working days after the notice is lodged with the Environment Court. (4) In determining an appeal, the Environment Court shall have regard to the matters set out in section 171 and may— (a) Confirm or cancel a requirement; or (b) Modify a requirement in such manner, or impose such conditions, as the Environment Court thinks fit. The words “ Environment Court ” in subsections (1) to (4) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160). The words “ Environment Court ” in subsection (4)(b) were substituted, as from 2 September 1996, for the word “ Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).