Practice Notes - Lodging Appeals
Legislation and Resources - Practice Notes - Lodging Appeals
1. Lodging Appeals
1.1 Notices of appeal to contain particulars
The notice of appeal must give full and clear particulars of the grounds of appeal, and, following lodgement, the appellant must confer meaningfully with the respondent and other parties in seeking to agree on, or otherwise narrow, relevant issues.
1.2 Waiver of time limits for lodging appeals
1.2.1 On receiving a notice of appeal, if it appears to the Registrar that the appeal is out of time, the Registrar will record it as having been received subject to the Court having jurisdiction to hear and determine it, and will advise the parties accordingly.
1.2.2 If a waiver of the time limit for lodging the appeal under s281 is required, an application should be lodged with the appeal document. The appropriate form is form 38 of the Resource Management (Forms, Fees and Procedure) Regulations 2003. If written consents of the respondent and the applicant for resource consent are lodged with the Registrar, an extension of time for lodging and/or serving the appeal will normally be granted as of course. In other cases, good grounds to waive the time limit will have to be made out. The Registrar and Deputy-Registrars have delegated authority to approve waivers of time for lodging appeals where the lodging is not more than 5 working days late, and there is no opposition to the waiver, and no undue prejudice will arise.
1.2.3 Until a waiver is granted, any party may apply for an order that the appeal be dismissed on the ground that it has been lodged or served out of time.
1.3 Multiple consents and appeals
1.3.1 Where a development proposal requires more than one resource consent (eg a subdivision consent, a land use consent, and a discharge permit), the Court will normally postpone hearing an appeal in respect of a particular consent (or consents) until the decision in respect of the other consent (or consents) has been given.
1.3.2 If appeals are lodged in respect of more than one resource consent relating to the same proposal, or more than one appeal is lodged on the same issue(s) in a proposed policy statement or plan, the Court will normally hear those appeals together.
