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StatuteResource Management Act 1991

Section 300 — Resource Management Act 1991: Notice of appeal

Text of the provision Official document

300 Notice of appeal (1) An appellant shall file a notice of appeal within 15 working days after the date on which the appellant is notified of the Environment Court 's decision or report and recommendation. (2) The appeal shall be filed with the Registrar of the High Court. (3) Within the time specified in subsection (1) the appellant shall serve a copy of the notice on the authority whose decision was the subject of the Environment Court 's decision or report and recommendation. (4) Before or within 5 working days after the appeal is filed the appellant shall serve a copy of the notice on— (a) Every other party to the proceedings or any person who appeared before the Environment Court; and (b) The Registrar of the Environment Court. (5) The notice of appeal shall specify— (a) The decision or report and recommendation, or part of the decision or report and recommendation, appealed against; and (b) The error of law alleged by the appellant; and (c) The question of law to be resolved; and (d) The grounds of appeal with sufficient particularity for the Court and other parties to understand them; and (e) The relief sought. (6) The Registrar of the Environment Court shall send a copy of the whole of the decision appealed against to the Registrar of the High Court as soon as reasonably practicable after receiving the notice of appeal. The words “ Environment Court ” in subsection (1) 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 (2) was amended, as from 10 August 2005, by section 109(1) Resource Management Amendment Act 2005 (2005 No 87) by omitting the words “ at Wellington ” . See sections 131 to 135 of that Act as to the transitional provisions. The words “ Environment Court ” in subsection (3) 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) 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 (5)(d) was amended, as from 2 September 1996, by section 17(a) Resource Management Amendment Act 1996 (1996 No 160) by inserting the word “ ; and ” . Subsection (5)(e) was inserted, as from 2 September 1996, by section 17(b) Resource Management Amendment Act 1996 (1996 No 160). The words “ Environment Court ” in subsection (6) 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 (6) was amended, as from 10 August 2005, by section 109(2) Resource Management Amendment Act 2005 (2005 No 87) by omitting the words “ at Wellington ” . See sections 131 to 135 of that Act as to the transitional provisions.

Official source: legislation.govt.nz

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