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Appeals

Environment Court Decisions

On August 7 2024, the Environment Court issued its decision on amendments to the Proposed District Plan that were agreed through Court assisted mediation on the appeals. The decision, also known as a consent order, can be found here. The e-plan has been updated to reflect the new provisions. Please refer to the consent order if required. 

The consent order makes changes to the following sections of the Proposed District Plan:

  • Interpretation;
  • RLR Rural Land Resource
  • SSB – Sustainable Subdivision and Building
  • NH – Natural Hazards
  • ECO – Ecosystems and Indigenous Biodiversity
  • NFL – Natural Features and Landscapes
  • SUB – Subdivision
  • CE – Coastal Environment
  • EW – Earthworks
  • NOISE
  • GRUZ: General Rural Zone
  • RPROZ – Rural Production Zone.

As a result of the consent order the following appeals are now fully resolved - 

  • Transpower New Zealand Limited – ENV-2023-AKL-113;
  • Federated Farmers of New Zealand – ENV-2023-AKL-114;
  • Royal Forest & Bird Protection Society of New Zealand Incorporated – ENV-2023-AKL-116;
  • New Zealand Agricultural Aviation Association – ENV-2023-AKL-118; and 
  • Tukituki Water Security Project & Water Holdings Hawke’s Bay Ltd – ENV-2023-AKL-119

In addition, the following appeal has been withdrawn - 

  • W Foley - ENV-2023-AKL-000115

Further Environment Court decisions will be made available on this page as remaining appeals are resolved.

Appeals

The period for lodging appeals closed on 7 July 2023, and the period for lodging section 274 notices ended on 31 July 2023. Anyone who made a submission or further submission on the Proposed District Plan had the opportunity to lodge an appeal with the Environment Court in respect of provisions to which their submission referred. Council have released an appeals version of the Proposed District Plan. This version highlights all of the provisions, including rules and maps, that are subject to appeals. 

Please see below for the appeals and section 274 notices received. 

As Council receives documents relating to the appeal process, we will upload them to this page.

When an appeal is filed with the Environment Court, the appellant is required to provide a copy of the notice to everyone who made a submission about the subject matter of the appeal, within five working days. Here are the contact details for each submission and further submission. A copy can be provided to Council through this email

Please remember, Council is a party to the proceedings and not running the process. Any questions or correspondence on process matters around appeals should be directed to the Environment Court.

Visit the Environment Court website.

List of Appeals Received

Click on an Appellant name from the list below to view appeal documents for that particular appeal. Council will continue to update these as each appeal progresses through the appeals process. 

Submitter Number: S99

Further Submitter Number: n/a

Appeal Status: Resolved

Environment Court Reference: ENV-2023-AKL-000120

Environment Court Decision

Curt and Tricia Zant - Notice of Appeal

 

Submitter Number: S127

Further Submitter Number: FS27

Appeal Status: Partly resolved

Environment Court Reference: ENV-2023-AKL-000117

Livingston Properties Limited - Notice of Appeal

s274 Federated Farmers New Zealand - Livingston v CHBDC

s274 James William Bridge - Livingston Properties Ltd v CHBDC

 

 

Submitter Number: S109

Further Submitter Number: n/a

Appeal Status: Withdrawn

Environment Court Reference: ENV-2023-AKL-000115

W Foley - Notice of Appeal

Section 274 Parties

This is a list of all Section 274 parties that have joined appeal proceedings. Where relevant, the s274 parties have been listed under the appellants in the drop down boxes above. 

FAQs about Appeals

More FAQs can be found here

An appeal is filed with the Environment Court where a submitter or further submitter disagrees with any aspect of the decision. It could be an appeal on a single rule such as the maximum height of buildings, or a broader topic. However, an appeal cannot request the withdrawal of the entire plan or appeal against the plan as a whole.

The appeal process is different to the previous process which was managed by Council and the independent Hearings Panel. Appeals are managed by the Environment Court.  This means that the Court determines the process, although it often seeks input from Council (and its advisors) and all other parties (both appellants and interested parties).

Any person who made a submission or further submission on a provision or part of the Proposed District Plan may appeal to the Environment Court in respect of that provision or matter.

Any person who made a submission on a proposed policy statement or plan may appeal to the Environment Court in respect of the decisions of the local authority on submissions, in respect of provisions or matters to which their submission referred. 

A notice of appeal must be prepared in accordance with Form 7 and lodged with the Environment Court within 30 working days of the decision being notified.

More information can be found here

Appeals can take some time to resolve, although the Environment Court tries to ensure progress is being made by imposing timeframes for reporting back to the Court. There are a number of avenues that appeals can be worked through, such as negotiation and Court-assisted mediation, and parties are encouraged to explore these before an appeal progresses to a Court hearing.

Yes, parts of the Proposed District Plan could change through the appeals process, depending on the nature of the appeals. 

If you have received notice of an appeal and you made a submission on the subject matter of that appeal, you can give notice to the Environment Court that you wish to join the appeal by becoming what is called ‘a section 274 party’. A section 274 party to an appeal is someone who wishes to support or oppose an appeal point.

If you did not make a submission on the subject matter of an appeal, you may be eligible to become a party to an appeal if you meet the specific criteria. Not everyone can become a party to an appeal. To be a section 274 party, you must be either:

  • the Minister for the Environment;
  • a local authority;
  • a person who has an interest in the proceedings that is greater than the public generally (excluding any person or business who may be a trade competitor and is acting to prevent the applicant from engaging in trade competition); or
  • a person who made a submission about the matter.

Any eligible person who wishes to become a party to any appeal under section 274 of the Resource Management Act must give notice to the Environment Court, the Central Hawke’s Bay District Council and the appellant within a further 15 working days after the period for lodging appeals ends.

If you are considering becoming a section 274 party, we suggest that you seek your own legal advice.

Clause 16 of the Resource Management Act allows Council to make amendments of minor effect, or to correct any minor errors. Any errors that are more significant can only be corrected through an appeal or a variation to the Plan.   

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