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Resource Management Act 1991

Proposals of national significance - How matter decided if direction made to refer matter to board of inquiry or court - Matter decided by board of inquiry

149L: Conduct of inquiry

You could also call this:

"How a board of inquiry investigates and makes decisions about important environmental matters"

When a board of inquiry is looking into a matter under section 149J, it can use the same powers as a consent authority. You can think of the matter like an application for a resource consent. The board of inquiry will look at the matter in the same way it would look at a resource consent application.

If a hearing is going to be held, the EPA will choose a place for it that is near the area the matter is about. The EPA will also decide when the hearing will start and give people at least 10 working days' notice. You will get notice if you made a submission on the matter and want to be heard.

A board of inquiry must follow any terms of reference set by the Minister under section 149J(3B). It must also do its job in a timely and cost-effective way. The board of inquiry can ask for evidence to be provided in electronic form and must keep a record of all hearings and proceedings.

The board of inquiry can let a party question another party or witness and can allow cross-examination. It can also direct that a conference of experts be held or a conference with submitters, the applicant, or a local authority. In relation to a nationally significant proposal, the board of inquiry must consider the most recent estimate of funding required provided by the EPA.

A board of inquiry can get planning advice from the EPA about district and regional plans, and other similar documents. It can also get advice on the issues raised by the matter being considered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417780.

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Part 6AAProposals of national significance
How matter decided if direction made to refer matter to board of inquiry or court: Matter decided by board of inquiry

149LConduct of inquiry

  1. A board of inquiry appointed to determine a matter under section 149J may, in conducting its inquiry, exercise any of the powers, rights, and discretions of a consent authority under sections 92 to 92B and 99 to 100 as if—

  2. the matter were an application for a resource consent; and
    1. every reference in those sections to an application or an application for a resource consent were a reference to the matter.

      1. If a hearing is to be held, the EPA must—

      2. fix a place for the hearing, which must be near to the area to which the matter relates; and
        1. fix the commencement date and time for the hearing; and
          1. give not less than 10 working days’ notice of the matters stated in paragraphs (a) and (b) to—
            1. the applicant; and
              1. every person who made a submission on the matter stating that he or she wished to be heard and who has not subsequently advised the board that he or she no longer wishes to be heard.

              2. The EPA may provide a board of inquiry with an estimate of the amount of funding required to process a nationally significant proposal.

              3. A board of inquiry—

              4. must conduct its inquiry in accordance with any terms of reference set by the Minister under section 149J(3B):
                1. must carry out its duties in a timely and cost-effective manner:
                  1. may direct that briefs of evidence be provided in electronic form:
                    1. must keep a full record of all hearings and proceedings:
                      1. may allow a party to question any other party or witness:
                        1. may permit cross-examination:
                          1. may, without limiting sections 39, 40 to 41D, 99, and 99A,—
                            1. direct that a conference of a group of experts be held:
                              1. direct that a conference be held with—
                                1. any of the submitters who wish to be heard at the hearing; or
                                  1. the applicant; or
                                    1. any relevant local authority; or
                                      1. any combination of such persons:
                                    2. must, in relation to a nationally significant proposal, have regard to the most recent estimate provided to the board of inquiry by the EPA under subsection (3).

                                      1. A board of inquiry may obtain planning advice from the EPA in relation to—

                                      2. the relevant district and regional plans, regional and national policy statements, a national planning standard, national environmental standards, and other similar documents:
                                        1. the issues raised by the matter being considered by the board.

                                          Notes
                                          • Section 149L: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                          • Section 149L(2): replaced, on , by section 90 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                          • Section 149L(3): replaced, on , by section 90 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                          • Section 149L(4): replaced, on , by section 90 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                          • Section 149L(5): inserted, on , by section 90 of the Resource Legislation Amendment Act 2017 (2017 No 15).