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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

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

You could also call this:

"What happens when you ask to change or create a regional plan under special circumstances?"

If you ask for a new regional plan or a change to a plan, and certain circumstances apply, a board of inquiry will look at your request. You might have lodged your request with the EPA under section 145 or with the local authority under clause 21 of Schedule 1. The board will then decide what to do with your request.

The board can either accept your request entirely under clause 25(2)(b) of Schedule 1 or reject it entirely under clause 25(4) of Schedule 1. To make this decision, the board has the same powers as a local authority under clauses 23 and 24 of Schedule 1 and must talk to the local authority first. The board must get the local authority's views before making a decision.

If the board accepts your request, it must tell you and the local authority about its decision. The local authority must then prepare a proposed plan or change, following section 149N. The EPA must also do what sections 149F and 149O say it must do.

The board must then hold an inquiry into the proposed plan or change, following sections 149L and 149P(1). It must also apply section 149P(6) or (7), depending on the situation, and write a draft report under section 149Q. Finally, the board must write a final report under section 149R.

If the board rejects your request, it must tell you and the local authority about its decision. The board will serve notice of its decision to you and the local authority.

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Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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"How a board of inquiry investigates and makes decisions about important environmental matters"

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149N: Process if section 149M applies or proposed plan or change not yet prepared, or

"What happens when a new plan or plan change is requested but not yet ready"

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

149MProcess if matter is request for regional plan or change and particular circumstances apply

  1. This section applies if the matter before a board of inquiry is a request for the preparation of a regional plan, or a request for a change to a plan or a regional policy statement, and—

  2. the request is lodged with the EPA under section 145; or
    1. the request is lodged with the local authority under clause 21 of Schedule 1 but, at the time the Minister made the direction under section 142(2) in relation to the request, the local authority had not yet made a decision on the request under clause 25 of Schedule 1.

      1. The board may only—

      2. accept the request entirely under clause 25(2)(b) of Schedule 1; or
        1. reject the request entirely under clause 25(4) of Schedule 1.

          1. To make a decision under subsection (2), the board—

          2. has all the powers of a local authority under clauses 23 and 24 of Schedule 1; and
            1. must consult the local authority on its views before making its decision.

              1. If the board accepts the request,—

              2. the board must serve notice of its decision on the applicant and the local authority; and
                1. the local authority must prepare the proposed plan or change in accordance with section 149N; and
                  1. the EPA must do anything required of it by sections 149F and 149O; and
                    1. the board must—
                      1. conduct an inquiry on the proposed plan or change in accordance with sections 149L and 149P(1); and
                        1. apply section 149P(6) or (7), as the case may be; and
                          1. produce a draft report on the proposed plan or change under section 149Q; and
                            1. produce a final report on the proposed plan or change under section 149R.

                            2. For the purposes of subsection (4)(c), in the case of a plan change request made under subpart 4 of Part 7A, the concurrent application—

                            3. must be included in the public notice and invitation to make submissions; but
                              1. must not be included in the invitation to make further submissions.

                                1. If the board rejects the request, the board must serve notice of its decision on the applicant and the local authority.

                                Notes
                                • Section 149M: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                • Section 149M(1): amended, on , by section 49 of the Resource Management Amendment Act 2020 (2020 No 30).
                                • Section 149M(4)(c): replaced, on , by section 27 of the Resource Management Amendment Act 2013 (2013 No 63).
                                • Section 149M(4A): inserted, on , by section 43 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).