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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

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

You could also call this:

"The Minister can ask the EPA to wait before telling the public about a proposal if more approvals are needed."

The Minister can tell the EPA to wait before telling the public about a direction under section 149C for a matter. You might be wondering why the Minister would do this - it's because they think more consents will be needed for the proposal, and it would be better to understand the proposal if those consents are applied for first. The Minister thinks this because they believe more resource consents will be required, and the proposal will be clearer if those consents are lodged before going further.

If the Minister gives this instruction, the EPA must quickly tell the local authority and the person who made the application about it. The EPA is told to delay giving public notice, but the Minister can change their mind at any time.

The Minister can then tell the EPA to go ahead and give public notice of the direction under section 149C after all.

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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

149DMinister may instruct EPA to delay giving public notice pending application for additional consents

  1. The Minister may instruct the EPA to delay giving public notice of a direction under section 149C in relation to a matter.

  2. Subsection (1) applies if the Minister considers, on reasonable grounds, that—

  3. resource consents, or other resource consents, will also be required in respect of the proposal to which the matter relates; and
    1. the nature of the proposal will be better understood if applications for the resource consents, or other resource consents, are lodged before proceeding further with the matter.

      1. The EPA must, without delay, give notice to the local authority and the applicant of the instruction under subsection (1).

      2. The Minister may, at any time, rescind an instruction given under subsection (1) and instruct the EPA to give public notice of the direction concerned under section 149C.

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