Objections & Appeals

Objections

If the applicant does not agree with Councils decision on a resource consent, it is possible to object to the whole or any part of the decision under Section 357A of the Resource Management Act 1991, so long as:

  • The application was processed on a non-notified basis; or
  • The application was processed on a notified basis and no submissions were received in relation to the application, or all submissions were withdrawn; and
  • The application was not refused consent under section 104B of the Act (determination of applications for discretionary or non-complying activities) or 104C of the Act (determination of applications for restricted discretionary activities); or
  • The application was not refused consent by an officer of a consent authority acting under delegated authority under section 104B or 104C of the Act.

Notice of any objection must be in writing, set out the reasons for the objection, and be lodged with the Timaru District Council within 15 working days of receipt of the decision. There is no application form for lodging an objection.

Subsequent Right of Appeal to the Environment Court

Any person who lodged an objection under section 357A of the Resource Management Act 1991 may appeal to the Environment Court against the decision on the objection pursuant to section 358 of the Act.

Notice of such an appeal must be in the prescribed form, state the reasons for the appeal and be lodged with the Environment Court (99-101 Cambridge Terrace, PO Box 2069, DX: WX11113, Christchurch 8013, New Zealand) within 15 working days after the decision on the objection being notified to that person, or within such further time as the Environment Court may allow.

Appeal Direct to the Environment Court

If you do not agree with a decision on a resource consent application, an alternative to a section 357A objection, or if section 357A does not apply, is to appeal the decision under section 120 of the Resource Management Act 1991 to the Environment Court.

The notice of appeal shall be in the prescribed form; state the reason for the appeal and the relief sought; state any matters required by the regulations; and be lodged with the Environment Court (99-101 Cambridge Terrace, PO Box 2069, DX: WX11113, Christchurch 8013, New Zealand) within 15 working days notice of the decision being received. Notice of the appeal must also be served on Timaru District Council within 15 working days within the same period. Notice of the appeal must also be served on any person who made a submission in relation to the application within 5 working days of the notice being lodged with the Environment Court. If you are in any doubt about the correct procedures, you should seek legal advice.