Appeal and judicial review

Decisions of a panel to grant or decline approvals can only be appealed on questions of law to the High Court. Only the applicant, any relevant local authority, the Attorney-General or a submitter can lodge an appeal. ^{50fb1a43-9101-4596-a756-4864529913c0}

A High Court decision cannot be appealed to the Court of Appeal but leave can be sought (within 10 days of the High Court’s decision) from the Supreme Court to bring an appeal to the Supreme Court. ^{bf5c182c-d79e-49d0-961d-f9797366180b} The Supreme Court can hear the appeal, refuse to hear the appeal or direct the appeal be heard by the Court of Appeal.  A Court of Appeal decision cannot be appealed to the Supreme Court. 

A judicial review of the Minister’s decision on a referral application, or a panel’s approval decision, must be made within 20 working days after publication of the decision. ^{5232efeb-dd60-42e2-a143-1e08158b22e5}  

If a person wishes to appeal an approval decision and also apply for judicial review of the same decision, the person must file the applications together (unless the High Court grants leave to file them separately). The High Court must then try to hear the proceedings together unless the Court considers it impracticable to do so.  

Last updated at 7:40PM on February 7, 2025