07/1173 - Notice - Change to existing approvaland concurrence agency aresponse [As Published] · 142007.1173.02

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environmental licences and permits
Notice

Change to an existing approval

Division 9 - Appeals to court about other matters

4.1.31 Appeals for matters arising after approval given (no co-respondents)

(1) A person to whom any of the following notices have been given may appeal to the court against the

. decision in the notice -
(a) a notice giving a decision on a request to change or cancel a condition of a development approval;
(b) a notice under section 3.5.33A(9)(b) or 6.1.44 giving a decision to change or cancel a condition of a
development approval.

(2) The appeal must be started within 20 business days after the day the notice of the decision is given to

the person.

4.1.32 Appeals against enforcement notices
(1) A person who is given an enforcement notice may appeal to the court against the giving of the notice.
(2) The appeal must be started within 20 business days after the day notice is given to the person.

4.1.33 Stay of operation of enforcement notice
(1) The lodging of a notice of appeal about an enforcement notice stays the operation of the enforcement
notice until -
(a) the court, on the application of the entity issuing the notice, decides otherwise; or
(b) the appeal is withdrawn; or
{c) the appeal is dismissed.
(2) However, subsection (1) does not apply if the enforcement notice is about -
(a) a work, if the enforcement notice states the entity believes the work is a danger to persons or a risk
to public health; or
(b) carrying out development that is the demolition of a work.

4.1.34 Appeals against decisions on compensation claims

(1) A person who is dissatisfied with a decision under section 5.4.8 or-5.5. 3 fc for the payment of
compensation may appeal to the court against -
(a) the decision; or
(b) a deemed refusal of the claim.

(2) An appeal under subsection (1)(a) must be started with 20 business days after the day notice of the
decision is given to the person.

(3) An appeal under subsection (1)(b) may be started at any time after the last day a decision on the matter
should have been made.

4.1.35 Appeals against decisions on requests to acquire designated !and under hardship

(1) A person who is dissatisfied with a designators decision to refuse a request made by the person under
section 2.6.19, may appeal to the court against -
(a) the decision; or
(b) a deemed refusal of the request.

(2) An appeal under subsection (1)(a) must be started within 20: business days’ after thé day notice of the
decision is given to the person. :

(3) An appeal under subsection (1)(b) may be started at any time after the last day a decision on the matter
should have been made.

4.1.37 Appeals from tribunals

(1) A party to a proceeding decided by a tribunal may appeal to the court against the tribunal's decision, but
onty on the ground -
(a) of error or mistake in law on the part of the tribunal; or
(b) that the tribunal had no jurisdiction to make the decision or exceeded its jurisdiction in making the

decision.

(2) An appeal against a tribunal's decision must be started within 20 business days after the day notice of

the tribunal's decision is given to the party.

4.1.38 Court may remit matter to tribunal
If an appeal includes a matter within the jurisdiction of a tribunal and the court is satisfied the matter should
be dealt with by a tribunal, the court must remit the matter to the tribunal for decision.

 

Page 4 of 6 Department of Environment and Resource Management