Section Sch1-14 — Resource Management Act 1991: Appeals to Environment Court

14 Appeals to Environment Court (1) A person who made a submission on a proposed policy statement or plan may appeal to the Environment Court in respect of— (a) a provision included in the proposed policy statement or plan; or (b) a provision that the decision on submissions proposes to include in the policy statement or plan; or (c) a matter excluded from the proposed policy statement or plan; or (d) a provision that the decision on submissions proposes to exclude from the policy statement or plan. (2) However, a person may appeal under subclause (1) only if the person referred to the provision or the matter in the person's submission on the proposed policy statement or plan. (3) The following persons may appeal to the Environment Court against any aspect of a requiring authority's or heritage protection authority's decision: (a) any person who made a submission on the requirement that referred to that matter: (b) the territorial authority. (4) Any appeal to the Environment Court under this clause must be in the prescribed form and lodged with the Environment Court within 30 working days of service of the notice of decision of the local authority under clause 11 or service of the notice of decision of the requiring authority or heritage protection authority under clause 13 , as the case may be. (5) The appellant must serve a copy of the notice in the prescribed manner. The words “ Environment Court ” in subcls (1), (3), (4) 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). Subclause (2) was amended, as from 7 July 1993, by section 214(4) Resource Management Amendment Act 1993 (1993 No 65) by substituting the word “ included ” for the words “ a requirement ” . Subclause (4) was substituted, as from 7 July 1993, by section 214(5) Resource Management Amendment Act 1993 (1993 No 65). Subclause (5)(b) was substituted, and (5)(ba) was inserted, as from 17 December 1997, by section 71 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Clause 14 was substituted, as from 1 August 2003, by section 92(9) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.