Section 325 — Resource Management Act 1991: Appeals

325 Appeals (1) Any person on whom an abatement notice is served may appeal to the Environment Court in accordance with subsection (2) against the whole or any part of the notice. (2) Notice of an appeal under subsection (1) shall be in the prescribed form and shall— (a) State the reasons for the appeal and the relief sought; and (b) State any matters required by regulations; and (c) Be lodged with the Environment Court and served on the local authority or consent authority whose decision is appealed within 15 working days of service of the abatement notice on the appellant. (3) An appeal against an abatement notice does not operate as a stay of the notice unless— (a) The abatement notice is within the scope of section 322(1)(a)(ii) and the person against whom the notice is served is complying with this Act, any regulation, a rule in a plan, or a resource consent; or (b) A stay is granted by an Environment Judge under subsection (3D) . (3A) Any person who appeals under subsection (1) may also apply to an Environment Judge for a stay of the abatement notice pending the Environment Court's decision on the appeal (3B) An application for a stay must be in the prescribed form and must— (a) State the reasons why the person considers it is unreasonable for the person to comply with the abatement notice; and (b) State the likely effect on the environment if the stay is granted; and (c) Be lodged with the Environment Court and served immediately on the local authority or consent authority whose abatement notice is appealed against. (3C) Where a person applies for a stay under subsection (3A) , an Environment Judge must consider the application for a stay as soon as practicable after the application has been lodged. (3D) Before granting a stay, an Environment Judge must consider— (a) What the likely effect of granting a stay would be on the environment; and (b) Whether it is unreasonable for the person to comply with the abatement notice pending the decision on the appeal; and (c) Whether to hear— (i) The applicant: (ii) The local authority or consent authority whose abatement notice is appealed against; and (d) Such other matters as the Judge thinks fit. (3E) An Environment Judge may grant or refuse a stay and may impose any terms and conditions the Judge thinks fit. (3F) Any person to whom a stay is granted under subsection (3E) must serve a copy of it on the local authority or consent authority whose abatement notice is appealed against;

and no such stay has effect until so served. (3G) Any stay granted under subsection (3E) remains in force until an order is made otherwise by the Environment Court. (3H) Notwithstanding section 309 , any powers which may be exercised by an Environment Judge under this section may be exercised by an Environment Commissioner. (4) Section 289 (reply to appeal) does not apply in respect of any appeal lodged under this section. (5) Except as provided in subsection (6) , the Environment Court must not confirm an abatement notice that is the subject of an appeal if— (a) the person served with the abatement notice was acting in accordance with— (i) a rule in a plan; or (ii) a resource consent; or (iii) a designation; and (b) the adverse effects in respect of which the notice was served were expressly recognised by the person who approved the plan, or notified the proposed plan, or granted the resource consent, or approved the designation, at the time of the approval, notification, or granting, as the case may be. (6) The Environment Court may confirm an abatement notice, that is the subject of an appeal, if the Court considers it appropriate after having regard to the time that has elapsed and any change in circumstances since the approval, notification, or granting, as the case may be. The words “ Environment Court ” in subsections (1), (2) and (5) 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 (2), 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). Subsection (2)(c) was amended, as from 17 December 1997, by section 52(1) Resource Management Amendment Act 1997 (1997 No 104) by substituting the expression “ 15 working ” for the expression “ 7 ” . See section 78 of that Act as to the transitional provisions. Subsection (3) was substituted, and subsections (3A) to (3H) were inserted, as from 17 December 1997, by section 52(2) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (5) was inserted, as from 7 July 1993, by section 147 Resource Management Amendment Act 1993 (1993 No 65). Subsection (5) was substituted, as from 1 August 2003, by section 84 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (6) was inserted, as from 1 August 2003, by section 84 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.