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Resource Management Act 1991

Proposals of national significance - Minister may make direction in relation to matter - Matter lodged with EPA

145: Matter lodged with EPA

You could also call this:

"When you send a planning issue to the EPA for a decision"

You can lodge some matters with the EPA. You can lodge an application for a resource consent, a request for a regional plan, or a request for a change to a plan. You can also lodge a notice of requirement for a designation or a heritage order.

If you lodge a matter with the EPA, you must tell the local authority about it. The EPA will then deal with the matter. You cannot lodge a matter with the EPA if you have already lodged it with a local authority and the Minister has been asked to call it in.

When you lodge a matter with the EPA, some rules apply. For example, if you apply for a resource consent, the EPA will follow the rules in section 88. But the EPA will be in charge, not the local authority.

If you want to change or cancel the conditions of a resource consent, the EPA will follow the rules in section 127(1) and section 88. The EPA will be in charge, and the rules will be applied in a specific way.

You can also lodge a notice of requirement for a designation or a heritage order with the EPA. The EPA will follow the rules in section 168 or section 189. Again, the EPA will be in charge, not the local authority.

If you lodge a request for a change to a plan or a regional plan, the EPA will follow the rules in clause 22 of Schedule 1. The EPA will be in charge, and the rules will be applied in a specific way.

If you lodge a concurrent application with a plan change request under subpart 4 of Part 7A, the EPA will follow the rules in section 107F(3). The EPA will be in charge, and the rules will be applied in a specific way.

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Part 6AAProposals of national significance
Minister may make direction in relation to matter: Matter lodged with EPA

145Matter lodged with EPA

  1. A person may lodge 1 or more of the following matters with the EPA:

  2. an application for a resource consent:
    1. a request for the preparation of a regional plan (other than a regional coastal plan):
      1. a request for a change to a plan.

        1. A person must not lodge with the EPA a plan change request made under subpart 4 of Part 7A unless the person also lodges with it a concurrent application under that subpart.

        2. The holder of a resource consent may lodge an application for a change to or cancellation of the conditions of the resource consent with the EPA.

        3. A requiring authority may lodge a notice of requirement for a designation or to alter a designation with the EPA.

        4. A heritage protection authority may lodge a notice of requirement for a heritage order or to alter a heritage order with the EPA.

        5. If the matter is an application for a resource consent, section 88 applies, except that—

        6. every reference in that section to a consent authority must be read as a reference to the EPA; and
          1. the applicant has no right of objection under section 88(5) if the EPA determines that the application is incomplete under section 88(3).

            1. If the matter is an application for a change to or cancellation of the conditions of a resource consent,—

            2. section 127(1) applies, except that every reference in that section to a consent authority must be read as a reference to the EPA; and
              1. section 88 applies, except that—
                1. the application must be treated as if it were an application for a resource consent for a discretionary activity; and
                  1. every reference in that section to a consent authority, a resource consent, and the effects of the activity must be read as a reference to the EPA, the change or cancellation of the conditions, and the effects of the change or cancellation, respectively; and
                    1. the applicant has no right of objection under section 88(5) if the EPA determines that the application is incomplete under section 88(3).

                    2. If the matter is a notice of requirement for a designation or to alter a designation, section 168 applies, except that every reference in that section to a territorial authority must be read as a reference to the EPA.

                    3. If the matter is a notice of requirement for a heritage order or to alter a heritage order, section 189 applies, except that every reference in that section to a territorial authority must be read as a reference to the EPA.

                    4. If the matter is a request for a change to a plan or the preparation of a regional plan, clause 22 of Schedule 1 applies, except that every reference in that clause to a local authority must be read as a reference to the EPA.

                    5. If the matter is a concurrent application lodged with a plan change request made under subpart 4 of Part 7A, section 107F(3) applies except that the reference to the consent authority in that subsection must be read as a reference to the EPA.

                    6. A person who lodges a matter with the EPA under subsections (1) to (4) must serve the local authority with notice of the matter and of its lodging with the EPA under this section.

                    7. A matter may not be lodged with the EPA under this section if—

                    8. the same matter has been lodged with a local authority; and
                      1. the applicant or the local authority has requested that the Minister call in the matter.

                        Notes
                        • Section 145: replaced, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 145(1A): inserted, on , by section 37(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 145(9A): inserted, on , by section 37(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).