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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:

“This section explains how a special group runs a meeting to make important decisions about the environment.”

When a board of inquiry is appointed to decide on a matter, they can use the same powers as a consent authority. They can ask for more information, hold meetings, and make decisions as if they were dealing with a resource consent application.

If there’s going to be a hearing, the Environmental Protection Authority (EPA) will choose a place close to where the matter is about. They will also set a date and time for the hearing. The EPA will tell everyone involved at least 10 working days before the hearing.

The EPA can tell the board how much money they think it will cost to deal with an important national proposal.

The board of inquiry has to follow some rules. They need to do what the Minister asks them to do. They should work quickly and not waste money. They can ask for evidence to be given electronically. They have to keep a record of everything that happens. They can let people ask questions and allow cross-examination. They can also hold meetings with experts or people who have made submissions.

The board needs to think about how much the EPA says it will cost to deal with an important national proposal.

The board can ask the EPA for advice about plans, policies, and other important documents. They can also ask for help understanding the issues in the matter they’re looking at.

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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.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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149KA: EPA may make administrative decisions, or

“The EPA can make simple choices or let the board decide about small tasks to help the inquiry run smoothly and quickly.”

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149M: Process if matter is request for regional plan or change and particular circumstances apply, or

“The board decides if a plan change request should be accepted or rejected, and if accepted, guides the process for reviewing and finalising the proposed changes.”

Part 6AA 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

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).