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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

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

You could also call this:

"The government must tell the public when a Minister makes a new rule, so everyone knows what's happening."

When the Minister makes a direction under section 142(2) or 147(1)(a) or (b), you need to know that the EPA must tell the public about it. The EPA does this by giving public notice of the direction. This notice tells you what the Minister's direction is.

If the Minister makes a direction, the EPA must give public notice that includes the Minister's reasons for making the direction and a description of the matter to which the direction applies. The notice must also tell you where you can view the matter and its accompanying information. You can make submissions on the matter to the EPA, and the notice will tell you the closing date for submissions and where to send them.

When the EPA gives public notice, it must also send a copy of the notice to the owners and occupiers of any land to which the matter relates, and to the owners and occupiers of any land adjoining that land. The EPA may also need to send a copy of the notice to people who have already made submissions on the matter to the local authority. This is so that everyone who might be affected by the Minister's direction knows about it and has a chance to have their say.

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Part 6AAProposals 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

149CEPA must give public notice of Minister's direction

  1. The EPA must give public notice of a direction the Minister makes under section 142(2) or 147(1)(a) or (b).

  2. Subsection (1) does not apply if—

  3. the matter is a request for the preparation of a regional plan, a request for a change to a plan, or a request for a change to a regional policy statement, lodged with the local authority under clause 21 of Schedule 1 and, at the time the Minister makes the direction, the local authority—
    1. has not yet made a decision on the request under clause 25 of Schedule 1; or
      1. has made a decision to accept the request, but has not yet prepared the proposed plan or change under clause 26(a) of Schedule 1; or
        1. has made a decision to adopt the request, but has not yet notified the proposed plan or change under clause 5 of Schedule 1; or
        2. the matter is a request for the preparation of a regional plan, or a request for a change to a plan, lodged with the EPA under section 145; or
          1. the Minister instructs that the giving of public notice be delayed under section 149D; or
            1. the Minister decides under section 149ZC that the application or notice to which the direction relates is not to be publicly notified; or
              1. the matter is a concurrent application made under subpart 4 of Part 7A.

                1. A notice under subsection (1) must—

                2. state the Minister's reasons for making the direction; and
                  1. describe the matter to which the direction applies; and
                    1. state where the matter, its accompanying information, and any further information may be viewed; and
                      1. state that any person may make submissions on the matter to the EPA; and
                        1. state the closing date for the receipt of submissions; and
                          1. specify an electronic address for sending submissions; and
                            1. state the address for service of the EPA and the applicant (or each applicant if more than 1).

                              1. When the EPA gives public notice under subsection (1), it must also serve a copy of the notice on—

                              2. each owner and occupier (other than an applicant) of any land to which the matter relates; and
                                1. each owner and occupier of any land adjoining any land to which the matter relates; and
                                  1. if applicable, every person who has made a submission on the matter to the local authority.

                                    Notes
                                    • Section 149C: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                    • Section 149C(2)(a): amended, on , by section 44 of the Resource Management Amendment Act 2020 (2020 No 30).
                                    • Section 149C(2)(d): amended, on , by section 40(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                    • Section 149C(2)(e): inserted, on , by section 40(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                    • Section 149C(3)(ea): inserted, on , by section 83 of the Resource Legislation Amendment Act 2017 (2017 No 15).