Plain language law

New Zealand law explained for everyone

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

149E: EPA to receive submissions on matter if public notice of direction has been given

You could also call this:

"How to have your say on a matter with the EPA"

Illustration for Resource Management Act 1991

You can make a submission to the EPA about a matter if the Minister has made a direction under section 142(2) or 147(1)(a) or (b) and public notice has been given under section 149C. You can make a submission even if you have already made one to the local authority. Your submission must be in the prescribed form and served on the EPA within the allowed time. You must say if your submission supports, opposes, or is neutral about the matter. If you are a trade competitor of the applicant, you can only make a submission if you are directly affected by the matter and it affects the environment. There are some exceptions to this rule, such as if the matter is about a heritage order or a regional plan. The EPA must receive your submission within 30 working days of the public notice being given. If you sent a submission to the local authority before the matter was referred to the EPA, it will be treated as if you sent it to the EPA. You can serve your submission electronically, and the EPA may send you further correspondence electronically if you have given an electronic address.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417771.

Previous

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

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

Next

149F: EPA to receive further submissions if matter is request, change, or variation, or

"The EPA gets more feedback on a plan change or request if people want to add their thoughts."

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

149EEPA to receive submissions on matter if public notice of direction has been given

  1. Any person (including the Minister, for the Crown) may make a submission to the EPA about a matter for which—

  2. the Minister has made a direction under section 142(2) or 147(1)(a) or (b); and
    1. public notice has been given under section 149C.

      1. Subsection (1) applies—

      2. whether or not the person has already made a submission to the local authority on the matter; but
        1. subject to subsections (5) to (8).

          1. A submission must be—

          2. in the prescribed form; and
            1. served—
              1. on the EPA, within the time allowed under subsection (9); and
                1. on the applicant, as soon as practicable after service on the EPA.

                2. If a person who makes an electronic submission on a matter to which the submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)(b) (as applied by subsection (3B)), any further correspondence relating to the matter must be served by sending it to that electronic address.

                3. If subsection (3A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b).

                4. A submission must state whether it supports the matter, it opposes the matter, or it is neutral.

                5. If the person is a trade competitor of the applicant, the person may make a submission only if directly affected by an effect of the activity to which the matter relates, and the effect—

                6. adversely affects the environment; and
                  1. does not relate to trade competition or the effects of trade competition.

                    1. However, subsection (5) does not apply if the matter is a notice of requirement for a heritage order (or to alter a heritage order), a request for the preparation of a regional plan, a request for a change to a plan, a change to a plan, a variation to a proposed plan, a request for a change to a regional policy statement, a change to a regional policy statement, or a variation to a proposed regional policy statement.

                    2. If the matter is a change to a plan proposed by a local authority under clause 2 of Schedule 1, a variation to a proposed plan, a change to a regional policy statement, or a variation to a proposed regional policy statement, the person—

                    3. must not make a submission if the person could gain an advantage in trade competition through the submission; and
                      1. may make a submission only if directly affected by an effect of the change or variation that—
                        1. adversely affects the environment; and
                          1. does not relate to trade competition or the effects of trade competition.

                          2. If the matter is a request for the preparation of a regional plan, a request for a change to a plan or a regional policy statement, a person who is a trade competitor of the person who made the request may make a submission only if directly affected by an effect of the proposed plan or change that—

                          3. adversely affects the environment; and
                            1. does not relate to trade competition or the effects of trade competition.

                              1. The closing date for making a submission is 30 working days after the day on which public notice of the direction is given.

                              2. Any submissions on the matter received by the local authority before the matter is called in (by a direction being made under section 142(2)) must be treated as having been made to the EPA under this section.

                              Notes
                              • Section 149E: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                              • Section 149E(3A): inserted, on , by section 84(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 149E(3B): inserted, on , by section 84(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 149E(6): replaced, on , by section 45(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                              • Section 149E(7): amended, on , by section 45(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                              • Section 149E(8): amended, on , by section 45(3) of the Resource Management Amendment Act 2020 (2020 No 30).
                              • Section 149E(9): amended, on , by section 84(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).