Lodging an Appeal to the High Court

NO seabed mining in Patea

Lodging an Appeal to the High Court

1. What is Ngati Ruanui doing to lodge an appeal to the High Court?

We need to:

  1. 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.
  2. 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:

  1. Decision or part of the decision appealed against; and
  2. Question/Error of law; and
  3. Grounds of appeal with sufficient information for the court and other parties to understand; and
  4. 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?

4. When is the date of the Hearing?

A hearing date is arranged by the Registrar as soon as practicable after being notified that the notice of appeal has been served on all parties to the proceedings.

The High Court publishes their daily hearing’s lists once they are available. This is usually after 4pm if the Court is sitting the next day. Click the link below to find out the High Court’s Daily List
of Hearings: http://www.courtsofnz.govt.nz/going-to-court/calendar/daily-lists.

5. Can I lodge an appeal?

If you made a submission on the application, you can appeal to the High Court against the whole or part of the EPA’s decision to grant Trans-Tasman Resources’ sea-bed mining application off
the coast of Patea.

6. How can I be involved?

Ngati Ruanui has set-up a Give-a-little page in response to the overwhelming request from individuals and organisations wanting to be involved and to contribute to our legal appeal. Funds
donated will be used to offset costs of the appeal process. To make donations please refer to this link https://givealittle.co.nz/cause/noseabedmining

7. Who do I contact if I have any questions?

If you have any questions, contact Te Runanga o Ngati Ruanui Trust on 06 2781437.

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