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Resource Management Act 1991

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

146: EPA to recommend course of action to Minister

You could also call this:

“The EPA tells the Minister what to do next after someone asks for help with a big project.”

The Environmental Protection Authority (EPA) has to recommend a course of action to the Minister within 20 working days after receiving a matter under section 145. The EPA must suggest that the Minister make a direction as outlined in section 147(1)(a), (b), or (c).

The EPA can also suggest that the Minister do other things. If they recommend a direction under section 147(1)(a) or (b), they can suggest that the Minister make a submission for the Crown or extend the time for a board of inquiry to report. If they recommend a direction under section 147(1)(c), they can suggest that the Minister make a submission, appoint a project co-ordinator, direct local authorities to hold a joint hearing, or appoint an extra commissioner.

The EPA must give a copy of its recommendation to the applicant and the local authority. The 20-working day time frame can be changed according to section 149(5) and (6).

For plan change requests and concurrent applications under subpart 4 of Part 7A, the 20-working day period starts on the later of two days: when the EPA decides the concurrent application is complete, or when it gets all required information and reports. The EPA’s recommendation must cover both the plan change request and its concurrent application.

The EPA can’t recommend that the Minister make a direction under section 147(1)(b) if section 149C(2)(a) or (b) applies, which is about requests for preparing or changing regional plans.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235411.

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“The minister decides where to send important cases after getting advice from the EPA.”

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

146EPA to recommend course of action to Minister

  1. No later than 20 working days after receiving a matter lodged under section 145, the EPA must recommend to the Minister that he or she make a direction under section 147(1)(a), (b), or (c).

  2. The EPA may also recommend to the Minister that he or she exercise 1 or more of the following powers:

  3. if the EPA recommends that the Minister make a direction under section 147(1)(a) or (b),—
    1. to make a submission on the matter for the Crown:
      1. to extend the 9-month period by which any board of inquiry appointed to determine the matter must report under section 149R(1) because special circumstances exist:
      2. if the EPA recommends that the Minister make a direction under section 147(1)(c),—
        1. to make a submission on the matter for the Crown:
          1. to appoint a project co-ordinator for the matter to advise the local authority:
            1. if there is more than 1 matter that relates to the same proposal, and more than 1 local authority, to direct the local authorities to hold a joint hearing on the matters:
              1. if the local authority appoints 1 or more hearings commissioners for the matter, to appoint an additional commissioner for the matter.

              2. The EPA must serve a copy of its recommendation on the applicant and the local authority.

              3. The 20-working day time frame specified in subsection (1) applies subject to section 149(5) and (6).

              4. This section applies to plan change requests and concurrent applications made under subpart 4 of Part 7A subject to the following:

              5. the 20 working days referred to in subsection (1) begins on the later of the following days:
                1. the day on which the EPA determines that, for the purposes of section 88(3), the concurrent application is complete:
                  1. the day on which the EPA receives all the information and reports required under section 149:
                  2. any recommendation made by the EPA under this section must relate to both the plan change request and its concurrent application.

                    1. The EPA must not recommend to the Minister that he or she make a direction under section 147(1)(b) if section 149C(2)(a) or (b) applies (which relates to a request for the preparation of a regional plan or a request for a change to a plan).

                    Notes
                    • Section 146: replaced, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                    • Section 146(5): inserted, on , by section 38 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                    • Section 146(6): inserted, on , by section 22 of the Resource Management Amendment Act 2013 (2013 No 63).