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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 8 January 2019 to date (accessed 21 June 2019 at 01:09)
Chapter 7 Part 5 Division 1
Division 1 Approvals and orders
176   Appeal by an applicant concerning an approval
(1)  An applicant who is dissatisfied with the determination of a council with respect to the applicant’s application for an approval may appeal to the Land and Environment Court.
(2)  The appeal must be made within 12 months after:
(a)  the date endorsed on the notice under section 99 or 100 in respect of the application, or
(b)  the date on which the application is taken to have been determined under section 105, or
(c)  the date endorsed on the notice of extension or renewal of the approval if the approval has been extended or renewed under section 107 or the date endorsed on the refusal to extend or renew the approval if extension or renewal of the approval is refused under section 107,
as the case requires.
177   Appeal by an applicant as to whether a “deferred commencement” approval operates
(1)  An applicant who is dissatisfied with a decision that a council is not satisfied as to a matter, being a matter as to which it must be satisfied before a “deferred commencement” approval under section 95 can operate, may appeal to the Land and Environment Court.
(2)  The appeal must be made within 12 months after the council notifies the applicant of its decision.
178   Appeal against the revocation or modification of an approval
(1)  If an approval is revoked or modified under section 108, the applicant for the approval may appeal to the Land and Environment Court.
(2)  The appeal must be made within 3 months after the date on which the revocation or modification takes effect.
(3)  The Court may determine the appeal by affirming, varying or cancelling the instrument of revocation or modification.
179   Awarding of compensation concerning approvals
(1)  The Land and Environment Court, on the hearing of an appeal or otherwise, has a discretion to award compensation to an applicant for an approval for any expense incurred by the person as a consequence of:
(a)  a council’s refusal to grant the approval, or
(b)  a council’s delay in granting the approval,
if the Court considers that the council would not have acted in the way it did but for the fact that it was unduly influenced by vexatious or unmeritorious submissions made by members of the public or that the council has acted vexatiously.
(2)  An application for compensation may be made on the hearing of an appeal or by proceedings brought for the purpose of claiming compensation.
(3)  A claim for compensation may not be made more than 28 days after the date on which the Court gives its decision on an appeal concerning the application for approval or more than 3 months after the date of the council’s determination of the application if an appeal is not made against the determination.
(4)  Compensation under this section is to be awarded against the council.
Note.
 The Land and Environment Court has other powers to award compensation under section 677.
180   Appeals concerning orders
(1)  A person on whom an order is served may appeal against the order to the Land and Environment Court.
(2)    (Repealed)
(3)  The appeal must be made within 28 days after the service of the order on the person or, if an order is given under section 141, within 28 days after the service of the order given under section 141 on the person. The person may make an appeal within the later period whether or not the person has made an appeal within the earlier period.
(4)  On hearing an appeal, the Court may:
(a)  revoke the order, or
(b)  modify the order, or
(c)  substitute for the order any other order that the council could have made, or
(d)  find that the order is sufficiently complied with, or
(e)  make such order with respect to compliance with the order as the Court thinks fit, or
(f)  make any other order with respect to the order as the Court thinks fit.
(5)  This section does not apply in relation to order No 22A in the Table to section 124.
181   Awarding of compensation concerning orders
(1)  The Land and Environment Court, on the hearing of an appeal or otherwise, has a discretion to award compensation to a person on whom an order is served for any expense incurred by the person as a consequence of the order, including the cost of any investigative work or reinstatement carried out by the person as a consequence of the order, but only if the person satisfies the Court that the giving of the order was unsubstantiated or the terms of the order were unreasonable.
(2)  A claim for compensation may not be made more than 28 days after the date on which the Court gives its decision on the appeal or more than 3 months after the date of the order if an appeal is not made against the order.
(3)  Compensation under this section is to be awarded against the council.
182   Appeals concerning particulars of work submitted to councils
(1)  A person may appeal to the Land and Environment Court against the failure of the council:
(a)  to accept or reject, under section 141 (1), particulars of work submitted to it in accordance with section 139 (2), or
(b)  to prepare, under section 141 (3) (a), particulars of the work that it considers necessary to make provision for the matters specified in an order given to an owner under section 139.
(2)  The appeal must be made within 28 days after the period limited under section 141 (1) or (3) (a) for compliance by the council.
(3)  On hearing an appeal, the Court may:
(a)  make any order that the council could have made, or
(b)  order the council to perform its functions under section 141 (1) or (3) (a) within such time as is specified in the order.
(4)  This section does not apply in relation to order No 22A in the Table to section 124.
183   Effect of appeal on order
If an appeal is duly made to the Land and Environment Court against an order, the appeal does not effect a stay of the order.
184   Court’s powers not limited by this Division
This Division does not limit a power of the Land and Environment Court under the Land and Environment Court Act 1979.