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
3. 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.

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

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

6. 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):
7. 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.

8. 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.

9. 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.

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

11. serve a copy of the proposed plan or change on the EPA; and
12. 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.

13. 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.

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

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

17. Repealed