How do I begin proceedings in the Environment Court?
Proceedings begin in the Environment Court once someone has correctly lodged the notice of appeal or application with the Registrar and paid the filing fee. You can only appeal if you:
- were an applicant for a resource consent
- made a submission on a resource consent application or designation
- made a submission on a proposed plan
- have been issued with an abatement notice.
You, or your representative, must sign the prescribed form and include a copy of the appeal or application. You must lodge these with the correct office of the Environment Court, and also with the council that made the decision and any submitters on the application within the timeframe specified by the RMA. This is referred to as the council being served.
You should refer also to the Practice Notes of the Environment Court before lodging any proceedings. These Practice Notes give you a guide to the practice and procedure of the Environment Court. You can find the Practice Notes on the Ministry of Justice's website. You should also refer to the Resource Management (Forms, Fees, and Procedures) Amendment Regulations 2006 for the correct form for your proceedings. These forms are available on: RMA website
You must provide all the details required on the prescribed form. In particular, you must clearly state the reasons for your appeal, including the parts of the decision you oppose and why, and what outcome you seek. The form also specifies the documentation that needs to be included with your notice of appeal. For example, a copy of the decision that you are appealing, and any submissions you made during the council process. If you do not provide everything that is required your appeal may not be lodged, and it may be sent back to you along with a letter stating the reasons for this and what you will need to do to have it accepted for filing.
You must also comply with any time limits for bringing proceedings, and make sure all the relevant parties have been sent a copy of your appeal. If you miss the deadline for lodging your appeal it is possible to apply to the Environment Court for a waiver of the time requirement. This will only be granted if the other parties give their consent, or if the Court considers that other parties will not be disadvantaged.
Appeals against a council decision regarding a resource consent, or against a requiring authority decision on a designation, must be lodged with the Environment Court Registrar, and served on the relevant council, within 15 working days of receiving notice of the decision. A copy of the notice of appeal must also be served on anyone who made a submission regarding the application, and on the applicant or requiring authority if you were a submitter. This must be done within five working days of the appeal being lodged with the Environment Court. You will then need to provide the Registrar with the names and addresses of these people.
An appeal against an abatement notice must be lodged with the Environment Court and served on the council within 15 working days of you being served with the notice.
An appeal against a decision on a proposed plan or policy statement,including with regard to designations contained in a proposed plan, must be lodged with the Environment Court within 30 working days of receiving notice of the decision, and also served on the council (and the requiring authority where applicable) within this time. If the appeal relates to a regional coastal plan the Minister of Conservation must also be served with the notice. In either case you must provide a copy of the notice to every person who made a submission relating to the subject matter of your appeal. This must be done within five working days of your appeal being lodged.
