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

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

You could also call this:

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

If the Minister makes a direction under section 142(2) or section 147(1)(a) or (b) to refer a matter to a board of inquiry or the Environment Court, you need to know what happens next. The local authority cannot notify a further change or variation relating to the same issue until after the board or the court has made a decision on the matter. This applies to matters such as a change to a plan, a variation to a proposed plan, a request for the preparation of a regional plan, or a matter relating to a regional policy statement.

The local authority has to wait for the decision from the board or the court before they can notify any further changes. This is to ensure that the matter is fully considered and a decision is made before any further action is taken. You can find more information about the direction made by the Minister under section 142(2) or section 147(1)(a) or (b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417774.


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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."


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149I: Limitation on withdrawal of change or variation, or

"Time limit to cancel a planned change or variation to a resource management rule"

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

149HLocal authority may not notify further change or variation in certain circumstances

  1. If the Minister makes a direction under section 142(2) or 147(1)(a) or (b) to refer any of the following matters to a board of inquiry or the Environment Court, the local authority must not notify a further change or variation relating to the same issue until after the board or the court, as the case may be, has made a decision on the matter:

  2. a matter that is a change to a plan; or
    1. a matter that is a variation to a proposed plan; or
      1. a matter that is a request for the preparation of a regional plan or a request for a change to a plan (including a request that has been accepted or adopted by the local authority or accepted by a board of inquiry); or
        1. a matter relating to a regional policy statement.
          Notes
          • Section 149H: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 149H(d): inserted, on , by section 47 of the Resource Management Amendment Act 2020 (2020 No 30).