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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:

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

If you are a local authority, you can withdraw a change or variation you notified under clause 5 of Schedule 1 no later than 5 working days after the last day for further submissions under section 149F. You can do this if the Minister made a direction under section 142(2) about the change or variation. This means you have a limited time to withdraw the change.

If you are an applicant, you can also withdraw your request for a change or variation no later than 5 working days after the last day for further submissions under section 149F. You can do this if the Minister made a direction under section 142(2) or section 147(1)(a) or (b) about your request. This rule applies to you as an applicant.

If you withdraw a request for a change to a plan that was made under subpart 4 of Part 7A, any related application will also be treated as withdrawn. This means that both your requests will be withdrawn at the same time. You should be aware of this when you decide to withdraw your request.

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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 planningHousing and property > Land use
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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"

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149J: Minister to appoint board of inquiry, or

"The Minister chooses a group to investigate and decide on important environmental matters."

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

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).