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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 information or a report before making a decision about something you've applied for.”

The Environmental Protection Authority (EPA) can ask you for more information about something you have lodged with them under section 145. They can also ask for more information if a local authority or someone who has applied for something has asked the EPA for a direction under section 142(1)(b). The Minister can also decide to get involved and ask the EPA to do something under section 142.

If the EPA asks you for more information, you must respond within 15 working days. You can either give them the information, tell them you will give it to them, or tell them you refuse to give it to them. If you tell the EPA you will give them the information, they will set a deadline for you to do so and tell you when it is.

The EPA can also ask someone to write a report about the issue. If they do, they will wait until they get the report before making a decision. The EPA has to make a decision even if you do not give them the information they asked for, or if you refuse to give it to them. The time frame for the EPA to make a decision starts when they get the information or the report, or when the deadline for giving them the information expires. This is stated in section 144A or section 146.

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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.

Topics:
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).