Section 179 — Resource Management Act 1991: Appeals relating to sections 176 to 178

179 Appeals relating to sections 176 to 178 (1) Any person who has been refused consent by a requiring authority under section 176(1)(b) or section 177(2) or section 178(1) , 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 sections 176(1)(b) , 177(2) , or 178(1) . (3) In considering an appeal under this section, the Environment 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 Environment Court thinks fit. The words “ Environment Court ” in subsections (1) and (2) 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). Subsection (3) was substituted, as from 7 July 1993, by section 93 Resource Management Amendment Act 1993 (1993 No 65). The words “ Environment Court ” in subsection (3) 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).