The applicant or any submitter on an application for a marine consent may appeal to the High Court against the decision of the EPA on a question of law only. 194
The purpose of an appeal on a question of law is to determine whether the EPA has acted within its powers. The weight given to various relevant considerations is for the EPA to determine and cannot be reconsidered by the High Court. A question of law may include the following:
- Has the EPA applied the wrong legal test?
- Has the EPA come to a conclusion without evidence (or a conclusion which on the evidence could not reasonably have been reached)?
- Has the EPA taken into account matters which should not have been taken into account?
- Has the EPA failed to take into account matters which should have been considered?
The decision of the High Court may be appealed to either the Court of Appeal or the Supreme Court. 195
If you are considering an appeal to the High Court you will need to consult with a resource management lawyer
Section 105 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
Section 113 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
Last updated at 10:09PM on December 4, 2014