Section 390A — Resource Management Act 1991: Appeals

390A Appeals (1) All appeals to the Environment Court arising out of applications for permissions covered by section 389(1)(a)(i) , that were lodged with the Environment Court before the date of commencement of this Act and were not completed at that date shall be continued and completed in all respects (whether or not any hearing has commenced) as if the enactments repealed by this Act continued in force. (2) Where any applicant or other person had a right of appeal to the Environment Court— (a) In any case where a determination of an application for a permission of a kind described in section 389(1)(a)(i) had been made before the date of commencement of this Act, and the right of appeal had not expired on the date of commencement of the Act; or (b) In respect of a determination made under section 390 on an application for a permission of a kind described in section 389(1)(a)(i) — the applicant or other person may, notwithstanding the repeal or amendment of any enactment by this Act, continue to exercise that right; and any such appeal shall be continued and completed as if the relevant enactment so repealed or amended continued in force or continued in force without amendment, as the case may be. (3) Any person who, if this Act had not been enacted, had— (a) A right of appeal on any question of law; or (b) A right to make an application for review—

in respect of any determination of any application or of the determination of any appeal, to which this section or section 389(1)(a)(i) applies, may continue to exercise that right. (4) Where the effect of any determination made under this section is that the permission is granted, the grant shall constitute the grant of a resource consent of the appropriate kind under this Act; and this Act shall apply accordingly. (5) For the purposes of this section, the term right of appeal includes the hearing and determination of the appeal (including an appeal where the notice of appeal was lodged and the date for the lodging of the appeal expired before the 1st day of October 1991). Section 390A was inserted, as from 7 July 1993, by section 181 Resource Management Amendment Act 1993 (1993 No 65). 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).