1. What is Ngati Ruanui doing to lodge an appeal to the High Court?We need to:
- File our notice of appeal with the Registrar of the High Court in Wellington within 15 working days (on or before 31 August) after the notification date of the EPA decision.
- Serve a copy of the notice of the appeal to: ➢ The EPA within 15 working days (on or before 31 August) after the notification date of the EPAs decision. ➢ TTR and any submitter on the application for consent no later than 5 working days after the appeal is filed.
2. What will our notice of appeal include?The notice of appeal will include the:
- Decision or part of the decision appealed against; and
- Question/Error of law; and
- Grounds of appeal with sufficient information for the court and other parties to understand; and
- Relief sought.
3. What does the Question of Law include?The 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?