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

When the EPA gets a proposed plan or change from a local authority under section 149N, they must tell the public about it. The EPA must say why the Minister made a direction about the matter, where people can see the proposed plan or change, and that anyone can make submissions on it. The EPA must also say when submissions are due and where to send them.

The EPA must give a copy of the proposed plan or change to the board of inquiry. When the EPA tells the public about the proposed plan or change, they must also give a copy of the notice to the owners and occupiers of the land affected by the matter. If you want to make a submission, you have 30 working days to do it after the EPA gives public notice.

If you make an electronic submission, the EPA might send further correspondence to your electronic address. The EPA can also serve further correspondence by other methods, as specified in section 352(1)(b). You can make submissions on the proposed plan or change, and the EPA will consider them.

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This page was last updated on 19 May 2025

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 planningEnvironment and resources > ConservationGovernment and voting > Local councils

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

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

149P: Consideration of matter by board, or

"A board looks at a matter and makes a decision following certain rules and considering important information."

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

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

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.
On receiving a copy of the proposed plan or change, the EPA must give public notice of the proposed plan or change that—
states the Minister's reasons for making a direction in relation to the matter; and
states where the proposed plan or change, accompanying information, and any further information may be viewed; and
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
states that any person may make submissions to the EPA on the proposed plan or change; and
specifies the closing date for receiving submissions; and
specifies an electronic address for sending submissions; and
specifies the address for service of the EPA and the applicant.

Any person may make a submission on—
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:
a concurrent application for which public notice is given under subsection (2), and, for that purpose, section 149E(5) applies.

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).
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.
If subsection (4A) does not apply, the further correspondence may be served by any of the methods specified in section 352(1)(b).
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.
When the EPA gives public notice under subsection (2), it must also serve a copy of the notice on—
each owner and occupier (other than an applicant) of any land to which the matter relates; and
each owner and occupier of any land adjoining any land to which the matter relates.

Notes

Section 149O: inserted, on 1 October 2009, by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 149O(1): amended, on 1 July 2020, by section 51 of the Resource Management Amendment Act 2020 (2020 No 30).
Section 149O(2): replaced, on 19 April 2017, by section 91(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
Section 149O(3): replaced, on 1 October 2011, by section 46 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
Section 149O(4): amended, on 19 April 2017, by section 91(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
Section 149O(4A): inserted, on 19 April 2017, by section 91(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
Section 149O(4B): inserted, on 19 April 2017, by section 91(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).