Appeal Dates
| Due date for appeal notices | 18/11/2024 | ||
| Due date for section 274 notices | 09/12/2024 |
Appeal Documents
The 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.
In accordance with the Environment Court Process for appeals on a plan change you will need to deliver a copy of the appeal documents to all other people who made a submission on the provision or matter to which the appeal relates, within five working days of lodgement with the Environment Court. A list of submitter addresses for service can be found here:
date_range
Published 18 Nov 2024
RPS Submitters and Further Submitters Contact List 2024
The Appeals Process
The Counsel will make a public notification of Decisions on provisions and matters raised in submissions (RPS) in accordance with Clause 10 Schedule 1, Resource Management Act 1991.
An opportunity to lodge an Appeal to the Decisions under Clause 14 Schedule 1, Resource Management Act 1991 follows for Submitters and Further Submitters with 30 working days from the public notification to lodge an appeal of the decisions with the Environment Court.
Link to Resource Management Act - Requirements for serving notice of appeal against decision on proposed policy statements or plan.
Appeal Rights for Provisions
| For provisions following the Freshwater Planning Process (FPP) (Part 4 of RMA Schedule 1): | For provisions following the standard process under Part 1 of Schedule 1 (P1S1) of the RMA: |
| There is a limited opportunity for submitters to appeal to the Environment Court or High Court depending on whether Greater Wellington accepts or rejects the recommendations of the freshwater hearings panel. | There is an opportunity for submitters to appeal to the Environment Court. |
Become party to proceedings under Section 274, Resource Management Act 1991
A section 274 notice must be lodged with the Environment Court within 15 working days after the period for lodging a notice of appeal ends.
You can become a Section 274 party to the proceedings if you lodged a submission on the subject matter of the appeal or if you have an interest in the proceedings greater than the public generally.
NB: Rights to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1) and Part 11A of the Resource Management Act 1991.
Final consideration of the RPS (for those parts of the Plan which are not appealed) in accordance with Clause 17 Schedule 1, Resource Management Act 1991.
While all the rules in the RPS have had legal effect since being notified, the Regional Policy Statement will not be fully operative until all appeals (if any) are resolved. Those parts of the Plan which are not appealed operative.
The Council is required to publicly notify the date on which the Regional Policy Statement becomes operative – at least five working days before the date on which it becomes operative in part.
Consideration of the RPS by Council in accordance with Clause 18 Schedule 1, Resource Management Act 1991.
Council shall adopt the proposed regional coastal plan provisions of the Regional Policy Statement, by affixing the Seal of Council.
Ministerial approval of Regional Coastal Plan as part of the (RPS) in accordance with Clause 19 Schedule 1, Resource Management Act 1991.
As soon as practicable the plan shall be sent to the Minister of Conservation for approval.
Once approved the Council adopts the Regional Coastal Plan parts of the RPS.
Operative date in accordance with Clause 20 Schedule 1, Resource Management Act 1991.
An approved plan shall become an operative plan on a date which it is to be publicly notified. While all the rules in the RPS have had legal effect since being notified, the Regional Policy Statement will not be fully operative until all appeals (if any) are resolved.
The Council is required to publicly notify the date on which the Regional Policy Statement becomes operative – at least five working days before the date on which it becomes operative.
Get in touch
- Phone:
- 0800 496 734
- Email:
- info@gw.govt.nz