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:

“ The town council can't suggest new changes to certain plans while a special group is still deciding on them. ”

If the Minister decides to send certain matters to a board of inquiry or the Environment Court, you can’t make any more changes or variations about the same issue until after the board or court has made a decision. This applies to changes to a plan, variations to a proposed plan, requests for preparing a regional plan or changing a plan, and matters about a regional policy statement. You have to wait for the board or court to decide before you can make any more changes about that issue.

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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.

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

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


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

“The rule about when you can take back changes to plans for towns and cities”

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

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).