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

When the Minister gives a direction under section 142(2) or 147(1)(a) or (b), the Environmental Protection Authority (EPA) must let the public know about it. However, there are some situations when they don’t have to do this.

The EPA doesn’t need to tell the public if the matter is about asking for a new regional plan, a change to a plan, or a change to a regional policy statement that hasn’t been fully processed by the local authority yet. They also don’t need to tell the public if the request was made directly to the EPA, if the Minister says to wait, if the Minister decides the application doesn’t need to be made public, or if it’s a special type of application under Part 7A.

When the EPA does tell the public, they need to explain why the Minister made the direction, describe what it’s about, and say where people can see the information. They also need to tell people they can send in their thoughts about it to the EPA, give a deadline for this, and provide an email address for sending submissions. The notice should also include contact details for the EPA and the person or people who applied.

The EPA also has to send a copy of this notice to the owners and people living on the land involved, as well as their neighbours. If anyone has already sent in their thoughts about the matter to the local authority, they need to get a copy of the notice too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417769.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Government and voting > Government departments
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149B: Local authority's obligations if matter called in, or

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

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149D: Minister may instruct EPA to delay giving public notice pending application for additional consents, or

“The Minister can tell the EPA to wait before telling everyone about a decision if more permissions are needed for a project.”

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

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).