169Further information, notification, submissions, and hearing for notice of requirement to territorial authority

1. If a territorial authority is given notice of a requirement under section 168, the territorial authority must, within 10 working days, decide whether to notify the notice under—

2. subsection (1A); or
3. sections 149ZCB(1) to (4), 149ZCC(1) to (4), 149ZCE, and 149ZCF, which apply with all necessary modifications and as if—
   1. a reference to an application or notice were a reference to the notice of requirement; and
   2. a reference to an applicant were a reference to the requiring authority; and
   3. a reference to the Minister or the EPA were a reference to the territorial authority; and
   4. a reference to an activity were a reference to the designation.

4. Despite section 149ZCB(1), a territorial authority must publicly notify the notice if—

5. it has not already decided whether to give public or limited notification of the notice; and
6. either—
   1. the territorial authority requests further information from the requiring authority under section 92(1), but the requiring authority—
      1. does not provide the information before the deadline concerned; or
      2. refuses to provide the information; or
   2. the territorial authority notifies the requiring authority under section 92(2)(b) that it wants to commission a report, but the requiring authority—
      1. does not respond before the deadline concerned; or
      2. refuses to agree to the commissioning of the report.

7. Subsection (1A) applies despite any rule or national environmental standard that precludes public or limited notification of the notice of requirement.

8. Unless the territorial authority applies section 170, sections 92 to 92B and 96 to 103 apply to the notice of requirement with all necessary modifications and as if—

9. a reference to a resource consent were a reference to the requirement; and
10. a reference to an applicant were a reference to the requiring authority; and
11. a reference to an application for a resource consent were a reference to the notice of requirement; and
12. a reference to a consent authority were a reference to the territorial authority; and
13. a reference to an activity were a reference to the designation; and
14. a reference to a decision on the application for a resource consent were a reference to a recommendation by the territorial authority under section 171.

15. However, section 101(2) does not apply to the notice of requirement, and the date for the commencement of the hearing is as follows:

16. if the notice of requirement was not notified, the date must be within 25 working days after the date the notice of requirement was given to the territorial authority:
17. if the notice of requirement was notified and the territorial authority gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the notice of requirement:
18. if the notice of requirement was notified and the territorial authority does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the notice of requirement.

Notes

• Section 169: replaced, on 1 October 2009, by section 103 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
• Section 169(1): replaced, on 18 October 2017, by section 158(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
• Section 169(1A): inserted, on 18 October 2017, by section 158(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
• Section 169(1B): inserted, on 18 October 2017, by section 158(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
• Section 169(2): replaced, on 18 October 2017, by section 158(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
• Section 169(3): inserted, on 3 March 2015, by section 111(3) of the Resource Management Amendment Act 2013 (2013 No 63).