Appeals Process

Greater Wellington Regional Council (the Council) publicly notified its Decisions on Proposed Change 1 (and Variation 1) to the Regional Policy Statement (Change 1) for the Wellington Region on 4 October 2024 (RPS Full Public Notice).   A copy of the public notice was served on all persons who made a submission on Change 1.  

From the date of this notice, Change 1 was amended in accordance with those decisions. 

Part of Change 1 followed the Freshwater Planning Process (Part 4 Schedule 1 of the Resource Management Act 1991 (RMA)) and part followed the standard planning process (Part 1 Schedule 1 of the RMA). 

There are different appeal rights available for each process, depending on the provisions involved.  These are set out in clauses 14, 55 and 56 of the First Schedule to the RMA. 

Appeal rights for Change 1 and Variation 1 

For the provisions of Change 1 that followed the standard planning process (Part 1 Schedule 1), there is a right of appeal for submitters to the Environment Court under clause 14 of Schedule 1 to the RMA.  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 - by 18 November 2024.    

For the provisions of Change 1 that followed the Freshwater Planning Process (Part 4 Schedule 1) the appeal rights are different, depending on whether the Council accepted or rejected the Independent Hearings Panels’ recommendations on those provisions.   There is an appeal right to the Environment Court, where a recommendation is rejected and to the High Court, where a recommendation is accepted.  Environment Court appeals must be in the prescribed form and lodged with the Environment Court within 30 working days of service of the notice of decision – by 18 November 2024 and High Court appeals are to be made in accordance with the High Court Rules 2016 and sections 299(2), 300-308 of the RMA and are due within 15 working day of service of the notice of decision - by 25 October 2024.  

Any appeals must follow any prescribed forms, include any prescribed filing fee’s be lodged with the relevant Court and served in accordance with the relevant requirements.