Plain language law

New Zealand law explained for everyone

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:

“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.”

This part of the law explains what happens when someone asks for a new regional plan or a change to an existing plan or policy statement, and it’s being looked at by a special group called a board of inquiry.

If you ask for a new plan or change, you can send your request to a government agency called the EPA or to your local council. The board of inquiry can only do two things with your request: they can either accept it completely or reject it completely.

To make this decision, the board can do everything a local council can do when they’re looking at a plan change. They also have to ask the local council what they think before they decide.

If the board accepts your request, they’ll tell you and the local council. The local council will then write up the new plan or change. The EPA will do some tasks they’re supposed to do, and the board will look into the proposed plan or change carefully. They’ll write a draft report and then a final report about it.

If your request is for a specific type of plan change, the public will be told about it and asked for their opinions. But they won’t be asked for more opinions after that.

If the board rejects your request, they’ll let you and the local council know about their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417781.

Topics:
Environment and resources > Town planning
Environment and resources > Conservation
Government and voting > Local councils
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149L: Conduct of inquiry, or

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

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

“Rules for making changes to plans when a special group is involved in the decision”

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

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).