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:

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

If a board of inquiry or a local authority is dealing with a request for a new plan or a change to a plan under section 149M, and the plan or change is not yet prepared, the local authority must prepare it. You will work with the person who asked for the plan or change to get it ready. The local authority must then give a copy of the proposed plan or change to the EPA.

If a local authority has accepted a request for a new plan or a change to a plan under clause 25(2)(b) of Schedule 1, but has not yet prepared the plan or change, the local authority must prepare it. The local authority must give a copy of the proposed plan or change to the EPA within four months. You must also tell the EPA about any rules in the plan or change that will have legal effect.

A rule in a proposed plan or change has legal effect only after a decision is made by the board of inquiry or court. However, some rules can have legal effect earlier, such as rules that protect water, air, or soil, or rules that protect historic heritage, if the EPA gives public notice of the proposed plan or change under section 149O. These rules can have legal effect from the date the EPA gives public notice.

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

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


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

"The EPA must tell the public about a new plan or change and let them have a say."

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

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).