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Resource Management Act 1991

Proposals of national significance - Minister may make direction in relation to matter - How matter processed if direction made to refer matter to board of inquiry or court

149B: Local authority's obligations if matter called in

You could also call this:

“When the Minister steps in, the local council must quickly give all the information they have about the matter to the environmental group.”

If the Minister decides to call in a matter, they will make a direction under [section 142(2)]. When this happens, and the local authority has been given this direction under [section 149A], the local authority has some important tasks to do.

You need to understand that the local authority must act quickly. They have to give the Environmental Protection Authority (EPA) three things right away:

  1. The matter itself.
  2. All the information they have about the matter.
  3. If people have sent in submissions about the matter, the local authority must give these to the EPA too.

This means that as soon as the local authority gets the direction, they need to gather everything they have about the matter and send it to the EPA without delay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235421.

Topics:
Government and voting > Local councils
Environment and resources > Town planning
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149A: EPA must serve Minister's direction on local authority and applicant, or

“The EPA must quickly tell the local authority and the person asking for permission about the Minister's decision.”

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149C: EPA must give public notice of Minister's direction, or

“The EPA must tell everyone about the Minister's decision, unless there are special reasons not to.”

Part 6AA Proposals of national significance
Minister may make direction in relation to matter: How matter processed if direction made to refer matter to board of inquiry or court

149BLocal authority's obligations if matter called in

  1. Subsection (2) applies to a local authority if—

  2. the Minister calls in a matter by making a direction under section 142(2); and
    1. the local authority has been served with the direction under section 149A.

      1. The local authority must, without delay, provide the EPA with—

      2. the matter; and
        1. all information received by the local authority that relates to the matter; and
          1. if applicable, the submissions received by the local authority on the matter.

            Notes
            • Section 149B: replaced, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).