When Not To Accept Council Decisions

Any Landuse or subdivision decisions issued by Council which are subject to a public notification process can not be objected to, and can only be appealed to the Environment Court. Likewise where an objection is not accepted by Council, that decision can be also be appealed.

The Act provides that appeals must be lodged within 15 working days of receipt of the decision of Council. And the Act further provides for the format of those appeals and the information that must be provided to the Environment Court and the fees payable.

When an appeal is lodged the matter is normally referred to an Environment Court Judge who determines the process that the appeal will follow. The standard process is for the parties to be given 50 working days to consider whether negotiation or mediation can resolve the appeal. At the end of this period, the parties then update the Court with progress made to resolve the appeal.

Where appeals can not be resolved by mediation, then a Hearing will be scheduled to consider the appeal. Parties need to ensure that appropriate evidence is prepared and copies of evidence exchanged between the parties prior to the Hearing. At any stage prior to the Hearing, the parties can agree to mediate or the appeal can be withdrawn. However parties need to be mindful that the preparation of evidence can be a costly exercise, and either party can request that their costs be reimbursed by the unsuccessful party.

Based on recent experiences of Birch Surveyors Limited, my next article will look at when it is considered prudent to appeal a decision.

Frequently Asked Questions

When can I appeal a Council decision?

You can appeal a Council decision if it relates to land-use or subdivision matters that have gone through public notification, or if your objection was not accepted. Appeals must be lodged with the Environment Court within 15 working days of receiving the decision.

What is the standard appeal process?

Once an appeal is lodged, an Environment Court Judge determines the process. Typically, parties are given 50 working days to negotiate or mediate before updating the Court on progress. If mediation fails, a formal hearing is scheduled.

What preparation is required for an appeal hearing?

Parties must prepare appropriate evidence and exchange copies with the other parties prior to the hearing. This includes survey reports, plans, expert statements, and any supporting documentation relevant to the appeal.

Who bears the cost of an appeal?

Preparing evidence and participating in hearings can be costly. The unsuccessful party may be required to reimburse costs to the other party if the Court deems it appropriate. Proper planning and legal advice can help minimize expenses.