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

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

You could also call this:

“The EPA lets people send more comments about changes to plans or policies after showing a summary of what others said.”

When the Minister decides to refer certain matters to a board of inquiry or court, the Environmental Protection Authority (EPA) has some jobs to do. These matters can be about requests for regional plans, changes to plans, or variations to proposed plans.

The EPA needs to make a summary of all the submissions they received about the matter. They then need to tell the public that this summary is available. They’ll let you know where you can look at the summary and the submissions.

The EPA will also tell you that you have 10 working days to make another submission if you want to. They’ll give you the last day you can do this, an email address to send your submission to, and the EPA’s address.

You can make another submission if you represent part of the public interest, if you have a special interest in the matter, or if you’re the local authority. But your new submission can only support or oppose submissions that were already made. You can’t make a new submission about a concurrent application.

If you make a new submission by email, and you haven’t asked for a different way to be contacted, the EPA will send you more information by email. If you didn’t use email, they might contact you in other ways.

If you make a new submission, you need to send a copy to the person who made the original application and to the person whose submission you’re responding to. You need to do this within 5 working days of giving your submission to the EPA.

Remember, when we talk about changes to plans, this includes applications that go along with requests to change plans.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417772.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
Previous

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

“People can tell the EPA what they think about a special project within 30 working days after it's announced.”

Next

149G: EPA must provide board or court with necessary information, or

“The EPA must give all the important stuff about a case to the people who will decide it”

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

149FEPA to receive further submissions if matter is request, change, or variation

  1. Subsection (2) applies if the matter for which the Minister makes a direction under section 142(2) or 147(1)(a) or (b) is 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, or a matter relating to a regional policy statement.

  2. The EPA must produce a summary of all the submissions on the matter received under section 149E and give public notice of—

  3. the availability of a summary of submissions on the matter; and
    1. where the summary and the submissions can be inspected; and
      1. the fact that no later than 10 working days after the day on which this public notice is given, the persons described in subsection (3) may make a further submission on the matter; and
        1. the date of the last day for making further submissions (as calculated under paragraph (c)); and
          1. an electronic address for sending further submissions; and
            1. the address for service of the EPA.

              1. The following persons may make a further submission on the matter:

              2. any person representing a relevant aspect of the public interest; and
                1. any person that has an interest in the matter greater than the interest that the general public has; and
                  1. the local authority.

                    1. However, a further submission—

                    2. may only be in support of or in opposition to a submission made on a matter under section 149E:
                      1. may not be made on a concurrent application made under subpart 4 of Part 7A.

                        1. A further submission must be in the prescribed form.

                        2. If a person who makes a further electronic submission on a matter to which the further 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 (5B)), any further correspondence relating to the matter must be served by sending it to that electronic address.

                        3. If subsection (5A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b).

                        4. A person who makes a further submission under subsection (3) must serve a copy of it on—

                        5. the applicant; and
                          1. the person who made the submission under section 149E to which the further submission relates.

                            1. The further submission must be served no later than 5 working days after the day on which the person provides the EPA with the further submission.

                            2. In subsection (1), request for a change to a plan, in relation to a plan change request made under subpart 4 of Part 7A, includes the concurrent application that relates to the plan change request.

                            Notes
                            • Section 149F: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                            • Section 149F(1): amended, on , by section 46(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                            • Section 149F(2)(da): inserted, on , by section 85(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                            • Section 149F(3)(b): amended, on , by section 46(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                            • Section 149F(4): replaced, on , by section 41(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                            • Section 149F(5A): inserted, on , by section 85(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                            • Section 149F(5B): inserted, on , by section 85(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                            • Section 149F(8): inserted, on , by section 41(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).