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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

149R: Board to produce report

You could also call this:

“The group of experts must write down their decision and reasons in a report within a set time.”

When a board of inquiry finishes looking into a matter, they need to make a decision and write a report about it. They have to do this as soon as they can, but no later than 9 months after the Environmental Protection Authority (EPA) told people about the inquiry. This 9-month period doesn’t include the time from 20 December to 10 January, or any time when the inquiry is paused.

The report must say what the board decided and why. It needs to talk about the main issues that people disagreed about and what the board found out about these issues. The board can also suggest changes to plans or policies, or recommend making new ones or getting rid of old ones.

The EPA has to give copies of the report to lots of different people, like the person who asked for the inquiry, local councils, and people who shared their thoughts on the matter. They also need to give it to some government ministers if it’s about their work.

The EPA will put the report on the internet for everyone to see. They’ll tell people where they can find it. If you gave the EPA your email address when you shared your thoughts, they might just send you a link to the report online instead of giving you a paper copy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417786.

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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.”

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149RA: Minor corrections of board decisions, etc, or

“The board can fix small mistakes in their decisions, like a teacher correcting spelling errors in your homework.”

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

149RBoard to produce report

  1. As soon as practicable after the board of inquiry has completed its inquiry on a matter, it must—

  2. make its decision; and
    1. produce a written report.

      1. The board must perform the duties in subsection (1) no later than 9 months after—

      2. the day on which the EPA gave public notice under section 149C of the Minister's direction under section 142(2) or 147(1)(a) in relation to the matter, unless paragraph (b) or (c) applies; or
        1. the day on which the EPA gave public notice under section 149O of the proposed plan or change to a plan or regional policy statement, if that section applies to the matter before the board; or
          1. the day on which the EPA gave limited notification under section 149ZC(4), if the EPA gave that notice for the matter before the board.

            1. For the purposes of subsection (2), the 9-month period excludes—

            2. the period starting on 20 December in any year and ending with 10 January in the following year:
              1. any time while an inquiry is suspended under section 149ZG(3) (as calculated from the date of notification of suspension under section 149ZG(5) to the date of notification of resumption under section 149ZG(5)).

                1. Repealed

                2. The report—

                3. must state the board's decision; and
                  1. must give reasons for the decision; and
                    1. must include a statement of the principal issues that were in contention; and
                      1. must include the main findings on the principal issues that were in contention; and
                        1. may recommend that changes be made to a plan, regional policy statement, national policy statement, or New Zealand coastal policy statement or to a national planning standard (being changes in addition to any changes that may result from the implementation of the decision); and
                          1. may recommend that a national policy statement, a New Zealand coastal policy statement, a national planning standard, or a national environmental standard be issued or revoked.

                            1. The EPA must provide a copy of the report to—

                            2. the applicant; and
                              1. the local authority; and
                                1. any other relevant local authorities; and
                                  1. the persons who made submissions on the matter; and
                                    1. the Minister of Conservation, if the report relates to the functions of the Minister of Conservation under this Act; and
                                      1. the Minister; and
                                        1. if the matter to which the report relates is a notice of requirement, the landowners and occupiers directly affected by the decision.

                                          1. The EPA must publish the board's report and give public notice of where and how copies of it can be obtained.

                                          2. Nothing in section 37(1) applies to the time periods or the requirements in this section that apply to a board.

                                          3. The EPA's functions under this section are in addition to the EPA's functions under section 114(7)(a).

                                          4. For the purposes of subsection (4)(d), the EPA is to be taken to have provided a copy of the final report to a submitter if—

                                          5. the EPA has published the final report on an Internet site maintained by the EPA to which the public has free access; and
                                            1. the submitter has specified an electronic address as an address for service (and has not requested that the final report be provided in hard copy form); and
                                              1. the EPA has sent the submitter at that electronic address a link to the final report published on the Internet site referred to in paragraph (a).

                                                Notes
                                                • Section 149R: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                • Section 149R heading: amended, on , by section 93(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                • Section 149R(1): replaced, on , by section 93(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                • Section 149R(2): amended, on , by section 93(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                • Section 149R(2)(b): amended, on , by section 53 of the Resource Management Amendment Act 2020 (2020 No 30).
                                                • Section 149R(2A): replaced, on , by section 93(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                • Section 149R(2B): repealed, on , by section 93(4) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                • Section 149R(3)(e): amended, on , by section 93(5) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                • Section 149R(3)(f): amended, on , by section 93(6) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                • Section 149R(4): amended, on , by section 93(7) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                • Section 149R(7): inserted, on , by section 44 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                                • Section 149R(8): inserted, on , by section 93(8) of the Resource Legislation Amendment Act 2017 (2017 No 15).