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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

149P: Consideration of matter by board

You could also call this:

“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.”

When the board of inquiry looks at a matter, they need to think about why the Minister asked them to look at it. They also need to look at any information the Environmental Protection Authority (EPA) gives them.

If the matter is about asking for permission to use resources, the board has to follow certain rules as if they were the ones giving permission.

If someone wants to change or cancel the rules for using resources they already have permission for, the board has to treat it like a new request.

When someone asks to set aside land for a special purpose or change that purpose, the board has to think about certain things. They can say no to the request, say yes to it, or say yes but change it a bit. They can also say the person doesn’t need to give a detailed plan.

If the request is from the Minister of Education or Minister of Defence, the board can’t make them pay money as part of the rules.

For requests about protecting historic places, the board has to think about certain things. They can say no, say yes, or say yes but change it a bit. They might even make the person asking pay extra to look after the place.

When looking at changes to plans for a region or district, the board has to follow certain rules and can make some decisions like they were a court.

If someone asks to change how space in the sea is used, the board has to look at the plan change first, then decide about the request to use the space.

The board has to say no to using sea space if their decision on the plan change means that activity isn’t allowed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417784.

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

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149Q: Board to produce draft report, or

“The group looking at the case must write a first version of their findings.”

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

149PConsideration of matter by board

  1. A board of inquiry considering a matter must—

  2. have regard to the Minister's reasons for making a direction in relation to the matter; and
    1. consider any information provided to it by the EPA under section 149G; and
      1. act in accordance with subsection (2), (3), (4), (5), (6), (7), (8), or (9) as the case may be.

        1. A board of inquiry considering a matter that is an application for a resource consent must apply sections 104 to 104D, 105 to 112, and 138A as if it were a consent authority.

        2. A board of inquiry considering a matter that is an application for a change to or cancellation of the conditions of a resource consent must apply sections 104 to 104D and 105 to 112 as if—

        3. it were a consent authority and the application were an application for resource consent for a discretionary activity; and
          1. every reference to a resource consent and to the effects of the activity were a reference to the change or cancellation of a condition and the effects of the change or cancellation, respectively.

            1. A board of inquiry considering a matter that is a notice of requirement for a designation or to alter a designation—

            2. must have regard to the matters set out in section 171(1) and comply with section 171(1A) as if it were a territorial authority; and
              1. may—
                1. cancel the requirement; or
                  1. confirm the requirement; or
                    1. confirm the requirement, but modify it or impose conditions on it as the board thinks fit; and
                    2. may waive the requirement for an outline plan to be submitted under section 176A.

                      1. However, if the requiring authority is the Minister of Education or the Minister of Defence, the board of inquiry may not impose a condition under subsection (4)(b)(iii) requiring a financial contribution (as defined in section 108(9)).

                      2. A board of inquiry considering a matter that is a notice of requirement for a heritage order or to alter a heritage order—

                      3. must have regard to the matters set out in section 191(1); and
                        1. may—
                          1. cancel the requirement; or
                            1. confirm the requirement; or
                              1. confirm the requirement, but modify it or impose conditions on it as the board thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order).

                              2. A board of inquiry considering a matter that is a variation to a proposed regional plan, a proposed regional plan, or a change to a regional plan—

                              3. must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and
                                1. may exercise the powers under section 293 as if it were the Environment Court; and
                                  1. must apply sections 66 to 70 and 77A to 77D as if it were a regional council; and
                                    1. must apply section 165H as if it were a regional council, if the matter involves a rule in a regional coastal plan or proposed regional coastal plan that relates to the allocation of space in a common marine and coastal area for the purposes of an activity.

                                      1. A board of inquiry considering a matter that is a change to a district plan or a variation to a proposed district plan—

                                      2. must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and
                                        1. may exercise the powers under section 293 as if it were the Environment Court; and
                                          1. must apply sections 74 to 77D as if it were a territorial authority.

                                            1. A board of inquiry considering a plan change request and its concurrent application made under subpart 4 of Part 7A must—

                                            2. firstly, determine matters in relation to the plan change request; and
                                              1. secondly, determine matters in relation to the concurrent application, based on its determination of matters in relation to the plan change request.

                                                1. For the purposes of subsection (8)(b), a board of inquiry must process, consider, and determine the concurrent application as if it were a regional council acting under section 165ZW and that section applies accordingly with all necessary modifications.

                                                2. A board of inquiry considering a matter relating to a regional policy statement—

                                                3. must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and
                                                  1. may exercise the powers under section 293 as if it were the Environment Court; and
                                                    1. must apply sections 61 and 62 as if it were a regional council.

                                                      1. A board of inquiry must decline a concurrent application if, as a result of the board's determination on the plan change request, the aquaculture activity that the concurrent application relates to remains a prohibited activity.

                                                      Notes
                                                      • Section 149P: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                      • Section 149P(1)(c): amended, on , by section 47(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                                      • Section 149P(2): amended, on , by section 52(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                                                      • Section 149P(3): amended, on , by section 52(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                                                      • Section 149P(4A): inserted, on , by section 52(3) of the Resource Management Amendment Act 2020 (2020 No 30).
                                                      • Section 149P(6)(c): amended, on , by section 52(4) of the Resource Management Amendment Act 2020 (2020 No 30).
                                                      • Section 149P(6)(c): amended, on , by section 28(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                                                      • Section 149P(6)(d): inserted, on , by section 28(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                                                      • Section 149P(8): inserted, on , by section 47(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                                      • Section 149P(9): inserted, on , by section 47(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                                      • Section 149P(9A): inserted, on , by section 52(5) of the Resource Management Amendment Act 2020 (2020 No 30).
                                                      • Section 149P(10): inserted, on , by section 47(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).