These examples show how resource consent appeals and plan appeals typically progress through the Environment Court.

Resource consent appeals

  • The applicant applies for a resource consent
  • The application for resource consent is notified (if the Council decides it is appropriate to do so). If not notified then the decision not to notify can be the subject of judicial review in the High Court
  • Affected parties make submissions on the application to the Council
  • The Council hears the application
  • The Council makes a decision on the application
  • The applicant and submitters receive a copy of the Council’s decision
  • The applicant or submitters can appeal the Council’s decision to the Environment Court
  • If an appeal is filed with the Court other people can join the appeal under section 274 of the Resource Management Act 1991
  • Mediation
  • The Environment Court hears the appeal
  • The Environment Court determines the appeal
  • Appeal to the High Court

Plan appeals

  • The Council prepares a proposed plan / plan change / proposed policy statement / change to policy statement
  • The Council notifies the proposed plan / plan change / proposed policy statement / change to policy statement
  • The public lodge submissions on the proposed plan / plan change / proposed policy statement / change to policy statement
  • The Council hears the submissions
  • The Council makes a decision on the submissions and sends it to the submitters
  • Submitters can appeal the Council’s decision to the Environment Court
  • If an appeal is filed with the Environment Court the submitters can join the appeal under section 274 of the Resource Management Act 1991
  • Mediation
  • The Environment Court hears the appeal
  • The Environment Court determines the appeal
  • Appeal to the High Court

Find out more about the Court process:

 
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