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Resource Management Act 1991

Proposals of national significance - Minister may make direction in relation to matter - General provisions for matter lodged with local authority or EPA

149: EPA may request further information or commission report

You could also call this:

“The EPA can ask for more details or get someone to write a report about important stuff”

The Environmental Protection Authority (EPA) can ask for more information or get a report made about certain matters. This can happen when someone gives the EPA information about a project, when a local authority or applicant asks for direction, or when the Minister decides to get involved.

If the EPA needs more details, they can ask you to give them more information. They can also ask one of their employees or hire someone else to write a report about any part of the matter.

If the EPA asks you for more information, you have 15 working days to do one of three things: give them the information, tell them you will give the information later, or tell them you won’t give the information.

If you say you’ll give the information later, the EPA will set a date for when you need to provide it and let you know in writing.

When the EPA asks for more information or a report, it changes when they have to make their recommendation to the Minister. The time starts again after they get the information, report, or when you say you won’t give the information.

Even if you don’t give the information or refuse to provide it, the EPA still has to make their recommendation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235417.

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Environment and resources > Conservation
Environment and resources > Town planning
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Part 6AA Proposals of national significance
Minister may make direction in relation to matter: General provisions for matter lodged with local authority or EPA

149EPA may request further information or commission report

  1. Subsection (2) applies to a matter if—

  2. the matter has been lodged with the EPA under section 145; or
    1. a request relating to the matter has been made by a local authority or an applicant for a direction under section 142(1)(b); or
      1. the Minister decides, at his or her own initiative, to apply section 142.

        1. The EPA may,—

        2. by written notice, request an applicant to provide further information relating to the matter:
          1. require an EPA employee, or commission any person, to prepare a report on any issue relating to a matter (including in relation to information contained in the matter or provided under paragraph (a)).

            1. An applicant who receives a request under subsection (2)(a) must, within 15 working days after the date of the request, do one of the following things:

            2. provide the information; or
              1. tell the EPA by written notice that the applicant agrees to provide the information; or
                1. tell the EPA by written notice that the applicant refuses to provide the information.

                  1. If the EPA receives a notice under subsection (3)(b), the EPA must—

                  2. set a reasonable time within which the applicant must provide the information; and
                    1. tell the applicant by written notice the date by which the applicant must provide the information.

                      1. If the EPA requests further information under subsection (2)(a) before making its recommendation to the Minister on a matter under section 144A or 146, the time frame referred to in section 144A(3) or 146(1) (being the time within which the EPA must make its recommendation) begins on,—

                      2. if the information is provided in accordance with this section, the day after the day on which the EPA receives the information; or
                        1. if the EPA receives a notice of refusal under subsection (3)(c), the day after the day on which the EPA receives the notice; or
                          1. in any other case, the day after the day on which the deadline for providing the information expires.

                            1. If the EPA requires a report under subsection (2)(b) before making its recommendation to the Minister on a matter under section 144A or 146, the time frame referred to in section 144A(3) or 146(1) (being the time within which the EPA must make its recommendation) begins on the day after the day on which the EPA receives the report.

                            2. The EPA must make its recommendation even if the applicant—

                            3. does not provide the information before the deadline; or
                              1. refuses to provide the information.

                                Notes
                                • Section 149: replaced, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                • Section 149(1): replaced, on , by section 24 of the Resource Management Amendment Act 2013 (2013 No 63).
                                • Section 149(5): amended, on , by section 12(1)(a) of the Resource Management Amendment Act 2011 (2011 No 19).
                                • Section 149(5): amended, on , by section 12(1)(b) of the Resource Management Amendment Act 2011 (2011 No 19).
                                • Section 149(6): amended, on , by section 12(2)(a) of the Resource Management Amendment Act 2011 (2011 No 19).
                                • Section 149(6): amended, on , by section 12(2)(b) of the Resource Management Amendment Act 2011 (2011 No 19).