Requesting a review of a decision
If you are affected by an MPI decision about your forest land and the ETS, you can ask us to review this decision. This is your right under section 144 of the Climate Change Response Act 2002.
Your request must:
- explain and set out the grounds for why you believe the original decision should be reviewed
- be submitted within 20 working days from when you received notice of the decision.
Providing additional evidence to support your request will help us process the review efficiently.
You can submit your request for a review of a decision through our ETS online system, Tupu-ake. Select "Reviewing a decision" from the dropdown list that appears after you select "Contact Te Uru Rākau". Once you send the request, take note of the case number that is created. Upload any other information to support your request into Tupu-ake under this case number. Follow the onscreen instructions to do this.
It's worth thinking carefully about the information you include to support your request for a review. If you have additional information that supports your request for a review, you have the opportunity to submit it at this stage.
After we get your request to review an ETS decision
Once we receive your request, we may:
- ask you for more information
- review any relevant information that we already hold.
If we wish to use information that we already hold in the review, we must:
- give you notice and let you know what this information is
- give you an opportunity to comment or object
- consider any comments or objections you may have about this information.
Once the review is completed, we will send you a notice to let you know the outcome. If the decision involves revoking or changing decisions about how an area of land is classified under the rules for the ETS, we must also notify any other party that is likely to be affected. All decisions are final, unless determined otherwise by a court during an appeal.
Note: You cannot request a review on the outcome of an emissions ruling.
Lodging a court appeal of a review decision
You have the right to appeal to the District Court if you are affected by the outcome of a review decision.
Read more about appealing to the civil court – District Courts
You may appeal to the High Court on questions of law only:
- after you've been through the District Court, and
- if you were a party to the District Court hearings.
This means you can appeal if you believe that the determination of the District Court is wrong in terms of meeting a point of law.
Note: You are not excused from your ETS responsibilities for the land while the decision is under appeal. If you have ETS obligations for land and these arise from the original decision, you must still meet these – for example, surrendering New Zealand Units.
Find out more
Operational policy: Review of a decision under section 144 of the Climate Change Response Act 2002 [PDF, 334 KB]
