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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

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

You could also call this:

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

If a matter is sent to a board of inquiry or the Environment Court, the EPA has to give them some information. You need to know that the EPA must give the board or court the matter, all the information they have about it, and any submissions they received. The EPA has to do this as soon as they can after getting the information.

The EPA also has to ask the local authority to write a report about the key issues in the matter. This report must include things like relevant national policy statements, and whether all the necessary resource consents have been applied for. The report might also say what the status is of the activities that are proposed.

The EPA then has to give a copy of this report to the board of inquiry or the Environment Court, the person who applied, and everyone who made a submission about the matter.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417773.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Government departments
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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."

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149H: Local authority may not notify further change or variation in certain circumstances, or

"Council can't make more changes while a decision is being made"

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

149GEPA must provide board or court with necessary information

  1. This section applies if a matter is referred to a board of inquiry or the Environment Court under this Part.

  2. The EPA must provide the board of inquiry or Environment Court, as the case may be, with each of the following things as soon as is reasonably practicable after receiving it:

  3. the matter:
    1. all the information received by the EPA that relates to the matter:
      1. the submissions received by the EPA on the matter.

        1. The EPA must also commission the local authority to prepare a report on the key issues in relation to the matter that includes—

        2. any relevant provisions of a national policy statement, a New Zealand coastal policy statement, a national planning standard, a regional policy statement or proposed regional policy statement, and a plan or proposed plan; and
          1. a statement on whether all required resource consents in relation to the proposal to which the matter relates have been applied for; and
            1. if applicable, the activity status of all proposed activities in relation to the matter.

              1. The EPA must provide a copy of the report to—

              2. the board of inquiry or the Environment Court, as the case may be; and
                1. the applicant; and
                  1. every person who made a submission on the matter.

                    Notes
                    • Section 149G: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                    • Section 149G(3)(a): amended, on , by section 86 of the Resource Legislation Amendment Act 2017 (2017 No 15).