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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

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

You could also call this:

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

When the Environmental Protection Authority (EPA) gets a proposed plan or change to a plan or regional policy statement from a local authority, they need to tell the public about it. They do this by giving a public notice that explains:

  • Why the Minister made a direction about this matter
  • Where you can see the proposed plan or change and any other information about it
  • Which rules in the proposed plan or change are already in effect
  • That anyone can make submissions to the EPA about the proposed plan or change
  • When the deadline is for sending in submissions
  • An email address where you can send your submissions
  • The postal addresses for the EPA and the applicant

You can make a submission about the proposed plan or change, or about any related application. You have 30 working days after the public notice to send in your submission.

If you make an electronic submission and give an email address, the EPA will send any further information to that email address unless you ask for a different method.

The EPA also needs to:

  • Give a copy of the proposed plan or change to the board of inquiry
  • Send a copy of the public notice to the owners and occupiers of any land that the matter relates to, and to their neighbours

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417783.

Topics:
Environment and resources > Town planning
Environment and resources > Conservation
Government and voting > Local councils
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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”

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149P: Consideration of matter by board, or

“The board of inquiry looks at all the information and decides what to do about the matter, following specific rules for different types of cases.”

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

149OPublic notice and submissions where EPA receives proposed plan or change from local authority under section 149N

  1. This section applies where the EPA receives a proposed plan or change to a plan or regional policy statement proposed by a local authority under section 149N.

  2. On receiving a copy of the proposed plan or change, the EPA must give public notice of the proposed plan or change that—

  3. states the Minister's reasons for making a direction in relation to the matter; and
    1. states where the proposed plan or change, accompanying information, and any further information may be viewed; and
      1. specifies any rule in the proposed plan or change that has legal effect on and from the date that public notice of the proposed plan or change is given under this section; and
        1. states that any person may make submissions to the EPA on the proposed plan or change; and
          1. specifies the closing date for receiving submissions; and
            1. specifies an electronic address for sending submissions; and
              1. specifies the address for service of the EPA and the applicant.

                1. Any person may make a submission on—

                2. a proposed plan or change for which public notice is given under subsection (2), and, for that purpose, section 149E(3), (4), and (8) apply:
                  1. a concurrent application for which public notice is given under subsection (2), and, for that purpose, section 149E(5) applies.

                    1. However, the closing date for making a submission under subsection (3) is 30 working days after the day on which public notice of the proposed plan or change is given under subsection (2).

                    2. If a person who makes an electronic submission under subsection (3) on a matter to which the submission relates has specified an electronic address as an address for service, and has not requested a method of service specified in section 352(1)(b) (as applied by subsection (4B)), any further correspondence relating to the matter must be served by sending it to that electronic address.

                    3. If subsection (4A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b).

                    4. On receiving a copy of the proposed plan or change, the EPA must also provide the board of inquiry with a copy of the proposed plan or change.

                    5. When the EPA gives public notice under subsection (2), it must also serve a copy of the notice on—

                    6. each owner and occupier (other than an applicant) of any land to which the matter relates; and
                      1. each owner and occupier of any land adjoining any land to which the matter relates.

                        Notes
                        • Section 149O: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 149O(1): amended, on , by section 51 of the Resource Management Amendment Act 2020 (2020 No 30).
                        • Section 149O(2): replaced, on , by section 91(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                        • Section 149O(3): replaced, on , by section 46 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 149O(4): amended, on , by section 91(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                        • Section 149O(4A): inserted, on , by section 91(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                        • Section 149O(4B): inserted, on , by section 91(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).