IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2016-404-2752 [2017] NZHC 1010
BETWEEN EE KUOH LAU (AKA AUGUSTINE
LAU) Appellant
AND
AUCKLAND COUNCIL Respondent
Hearing: On the papers Appearances:
Appellant in person
B Watts for the RespondentJudgment:
15 May 2017
JUDGMENT OF WOODHOUSE J
This judgment was delivered by me on 25 May 2017 at 11:30 a.m. pursuant to r 11.5 of the High Court Rules 1985.
Registrar/Deputy Registrar
……………………………………
Parties/ Solicitors: Mr A Law, Auckland
Mr B Watts, Meredith Connell, Office of the Crown Solicitor, Auckland
LAU v AUCKLAND COUNCIL [2017] NZHC 1010 [15 May 2017]
[1] The appellant, Mr Lau, has filed a document described as “Notice To Civil Appeal With New Evidence” intended as a notice of appeal against a final decision of the Environment Court.1
[2] The Environment Court decision was made on an application by the respondent Council for enforcement orders in relation to land at Waiwera (the property). The decision requires Mr Lau and the landowner to remediate environmental damage caused by unlawful earthworks and vegetation removal.
[3] Section 299 of the Resource Management Act 1991 (the Act) provides that appeals may be made to the High Court only on a question of law. The respondent Council contends that none of the matters raised by Mr Lau are appealable questions of law. Whether that is so is the matter for determination.
Appeals: the law and principles
[4] Section 299 of the Act provides:
299 Appeal to High Court on question of law
(1) A party to a proceeding before the Environment Court under this Act or any other enactment may appeal on a question of law to the High Court against any decision, report, or recommendation of the Environment Court made in the proceeding.
(2) The appeal must be made in accordance with the High Court Rules
2016, except to any extent that those rules are inconsistent with sections 300 to 307.
[5] Section 300(5) of the Act provides:
300 Notice of appeal
…
(5) The notice of appeal shall specify—
(a) The decision or report and recommendation, or part of the decision or report and recommendation, appealed against; and
(b) The error of law alleged by the appellant; and
1 Auckland Council v Lau [2016] NZEnvC 212.
(c) The question of law to be resolved; and
(d) The grounds of appeal with sufficient particularity for the
Court and other parties to understand them; and
(e) The relief sought.
[6] The approach to appeals under s 299 was discussed by this Court in Guardians of Paku Bay Association Inc v Waikato Regional Council.2 The points of principle relevant in this proceeding may be summarised as follows:
(a) The onus is on the appellant to identify a question of law arising out of the Environment Court’s decision.3
(b) There are four circumstances in which a question of law will arise.4
These are where the Environment Court: (1) applied a wrong legal test; (2) took into account matters which should not have been…
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- [2017] NZHC 1010
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