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

If the Minister makes a direction under section 142(2) or 147(1)(a) or (b) about a matter, you need to know what happens next. The matter could be a request for a new regional plan, a change to a plan, or a variation to a proposed plan. The EPA must make a summary of all the submissions they got about the matter under section 149E and tell the public where they can see it. They must also tell the public that people can make further submissions on the matter within 10 working days.

You can make a further submission on the matter if you represent the public interest, have a greater interest in the matter than the general public, or are a local authority. Your further submission can only support or oppose a submission already made under section 149E. It must be in the prescribed form and you must serve a copy of it on the applicant and the person who made the original submission.

If you make a further submission, you must serve it on the EPA and the other parties within 5 working days. The EPA will then use your submission to help them make a decision about the matter. If you give the EPA an electronic address, they will send you further correspondence about the matter to that address, unless you ask them to use a different method, as described in section 352(1)(b).

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

"You can tell the EPA your thoughts on a matter if there's a public notice about it."

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

"The EPA must share information with the court or board to help them make a decision."

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).