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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

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

You could also call this:

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

When a board of inquiry or local authority accepts a request to prepare or change a regional plan, policy statement, or other plan, there are specific steps that need to be followed. If the local authority hasn’t prepared the proposed plan or change yet, they need to work with the person who made the request to create it. They have to give a copy of the proposed plan or change to the Environmental Protection Authority (EPA) within 4 months.

The local authority also needs to tell the EPA about any rules in the proposed plan or change that will start working right away when the EPA tells the public about it. Some rules, like those that protect water, air, soil, important native plants and animals, historic heritage, or deal with fish farming, can start working as soon as the EPA tells everyone about the proposed plan or change.

If a local authority has already agreed to prepare or change a plan but hasn’t told the public yet, they have 4 months to give the EPA a copy of the proposed plan or change. They also need to let the EPA know about any rules that will start working right away.

Most rules in a proposed plan or change only start working when the board of inquiry or court makes a decision about them. But some important rules, like those protecting the environment, can start working sooner.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417782.

Topics:
Environment and resources > Conservation
Environment and resources > Climate and energy
Environment and resources > Town planning
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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.”

Next

149O: Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N, or

“The law says the government must tell people about new plans for the land and environment, and ask for their ideas.”

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

149NProcess if section 149M applies or proposed plan or change not yet prepared

  1. Subsections (2) to (4) apply if—

  2. a board of inquiry has accepted a request for the preparation of a regional plan, or a request for a change to a plan, or a request for a change to a regional policy statement under section 149M; or
    1. a local authority has accepted a request for the preparation of a regional plan, or a request for a change to a plan, or a request for a change to a regional policy statement under clause 25(2)(b) 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 prepared the proposed plan or change under clause 26(a) of Schedule 1.

      1. The local authority must prepare the proposed plan or change in consultation with the applicant as if clause 26(a) of Schedule 1 applied.

      2. The local authority must then serve a copy of the proposed plan or change on the EPA,—

      3. if the circumstances in subsection (1)(a) apply, no later than 4 months after the local authority was served with notice of the board's decision under section 149M(4):
        1. if the circumstances in subsection (1)(b) apply, no later than 4 months after the local authority was served with the Minister's direction under section 149A.

          1. The local authority must also give notice to the EPA of any rules in the proposed plan or change that will have legal effect under subsection (8)(b) on and from the date on which the EPA gives public notice of the proposed plan or change under section 149O.

          2. Subsections (6) to (8) apply if a local authority has adopted a request for the preparation of a regional plan, or a request for a change to a plan, or a request for a change to a regional policy statement, under clause 25(2)(a) 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 notified the proposed plan or change under clause 5 of Schedule 1.

          3. The local authority must, no later than 4 months after the local authority was served with the Minister's direction under section 149A,—

          4. serve a copy of the proposed plan or change on the EPA; and
            1. give notice to the EPA of any rules in the proposed plan or change that will have legal effect under subsection (8) on and from the date on which the EPA gives public notice of the proposed plan or change under section 149O.

              1. A rule in a proposed plan or change served on the EPA under subsection (6) has legal effect only once a decision is made by the board of inquiry or court.

              2. However, a rule has legal effect on and from the date on which the EPA gives public notice of—

              3. the proposed plan or change under section 149O if the rule—
                1. protects or relates to water, air, or soil (for soil conservation); or
                  1. protects areas of significant indigenous vegetation; or
                    1. protects areas of significant habitats of indigenous fauna; or
                      1. protects historic heritage:
                      2. the proposed plan under section 149O if the rule provides for or relates to aquaculture activities.

                        1. Repealed
                        Notes
                        • Section 149N: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 149N(1)(a): amended, on , by section 50(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                        • Section 149N(1)(b): amended, on , by section 50(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                        • Section 149N(4): amended, on , by section 45(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 149N(5): amended, on , by section 50(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                        • Section 149N(8): replaced, on , by section 45(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 149N(9): repealed, on , by section 45(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).