144Right of appeal

### 144 Right of appeal > > (1)  An interested person may appeal to the Tribunal against – > > > > > > (a) a decision or order made by the Recorder on an application under this Act; or > > > > > > > (b) [*\[Section 144 Subsection (1) amended by No. 10 of 2000, s. 39, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-010#GS39@Hpa@EN) [*\[Section 144 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004\]*](/view/html/inforce/2004-07-01/act-2003-026#JS1@Ja13@GC2@EN) [*\[Section 144 Subsection (1) amended by No. 20 of 2012, s. 129, Applied:28 Nov 2012\]*](/view/html/inforce/2012-11-28/act-2012-020#GS129@EN) [*\[Section 144 Subsection (1) amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017\]*](/view/html/inforce/2017-01-01/act-2016-012#JS1@Ja23@GC2@EN) [*\[Section 144 Subsection (1) amended by No. 18 of 2021, s. 333, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS333@EN) a decision by a council on an application for approval under this Act, unless the decision relates to building work, within the meaning of the [Building Act 2016](/view/html/inforce/2026-04-12/act-2016-999) . > > > (2)  The following are interested persons for the purposes of this section: > > > > > > (a) the applicant for the decision or order; > > > > > > > (b) in the case of a decision or order under [Part 9](#HP9@EN) , a person who was entitled to make, and made, written submissions to the Recorder in connection with the application for relief; > > > > > > > (c) in the case of an order, a person required by the order to do, or refrain from doing, a specified act; > > > > > > > (d) any other person classified by the regulations as an interested person in relation to a decision or order of a specified kind. > > > (3)  An appeal is commenced by lodging a notice of appeal, accompanied by the prescribed fee, within 30 days after the date of the order, with the Recorder. > > > (4)  A notice of appeal lodged under [subsection (3)](#GS144@Gs3@EN) must specify – > > > > > > (a) the name and address of the appellant; and > > > > > > > (b) the order appealed against; and > > > > > > > (c) the grounds of the appeal; and > > > > > > > (d) any other prescribed matter. > > > (5)  On receiving a notice of appeal, the Recorder must forward to the Tribunal – > > > > > > (a) the notice of appeal; and > > > > > > > (b) the Recorder's records (if any) relating to the decision or order appealed against; and > > > > > > > (c) a note of the names and addresses of all interested persons. > > > (6)  The Tribunal must give written notice of the appeal, and the time and place appointed by the Tribunal for hearing the appeal, to all interested persons. > > > (7)  [*\[Section 144 Subsection (7) substituted by No. 10 of 2000, s. 39, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-010#GS39@Hpb@EN) In the case of an order made by the Recorder under [Part 9](#HP9@EN)  – > > > > > > (a) the order cannot be challenged except by way of an appeal under this Part; and > > > > > > > (b) the Recorder is not to be a party to the appeal.