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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

149I: Limitation on withdrawal of change or variation

You could also call this:

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

You can withdraw a change to a plan, a variation to a proposed plan, or a matter related to a regional policy statement that the Minister has directed to be referred to a board of inquiry or court. However, you must do this within 5 working days after the last day for making further submissions under section 149F.

If you have asked for a proposed regional plan, a change to a plan, or a matter related to a regional policy statement, and the Minister has directed it to be referred, you can also withdraw your request. Again, you must do this within 5 working days after the last day for making further submissions under section 149F.

If you withdraw a request for a change to a plan that was made under subpart 4 of Part 7A, any application that goes along with that plan change request will also be considered withdrawn.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417775.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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149H: Local authority may not notify further change or variation in certain circumstances, or

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

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149J: Minister to appoint board of inquiry, or

“The Minister picks a group of people to make decisions about important matters”

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

149ILimitation on withdrawal of change or variation

  1. A local authority may withdraw a change that was notified under clause 5 of Schedule 1, a variation to a proposed plan, or matter relating to a regional policy statement, for which the Minister has made a direction under section 142(2) no later than 5 working days after the close of the last day on which further submissions may be made under section 149F.

  2. An applicant may withdraw the applicant's request for a proposed regional plan, a request for a change to a plan, or a matter relating to a regional policy statement, for which the Minister has made a direction under section 142(2) or 147(1)(a) or (b) no later than 5 working days after the close of the last day on which further submissions may be made under section 149F.

  3. If the applicant withdraws a request for a change to the plan that is a plan change request made under subpart 4 of Part 7A, the concurrent application that relates to the plan change request is to be treated as having been withdrawn.

Notes
  • Section 149I: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
  • Section 149I(1): amended, on , by section 48(1) of the Resource Management Amendment Act 2020 (2020 No 30).
  • Section 149I(2): amended, on , by section 48(2) of the Resource Management Amendment Act 2020 (2020 No 30).
  • Section 149I(3): inserted, on , by section 42 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).