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

149S: Minister may extend time by which board must report

You could also call this:

"The Minister can give a board more time to finish a report if needed."

The Minister can extend the time a board of inquiry has to finish its report. You can think of the Minister like a person in charge who makes big decisions. The board of inquiry is a group of people who look into a matter and write a report.

The Minister can give the board more time if they think there are special circumstances. The extra time cannot be more than 18 months from when a public notice was given, unless the person who asked for the inquiry agrees to a longer time. There are some rules about when the 18 months starts, and it does not include time when the inquiry is suspended, which means it is put on hold.

If the Minister gives the board more time, the EPA must tell the person who asked for the inquiry, the local authority, and anyone who made a submission. The EPA is like an organisation that helps look after the environment. A submission is like a formal comment someone makes about a matter.

The board of inquiry can also ask the Minister for more time if they need it. This does not change the Minister's power to give the board more time. The Minister can still give the board more time, even if the board does not ask for it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417787.


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


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"When the Minister sends a matter to the Environment Court, you must follow special steps to give documents to the court and others."

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

149SMinister may extend time by which board must report

  1. Despite section 149R(2), the Minister may, at any time (including before the board is appointed), grant an extension or extensions of time in which a board of inquiry must produce its final report.

  2. The Minister may grant an extension only if—

  3. he or she considers that special circumstances apply; and
    1. the time period as extended does not exceed 18 months from—
      1. the day on which the EPA gives public notice under section 149C of the Minister's direction under section 142(2) or 147(1)(a) in relation to the matter, unless subparagraph (ii) or (iii) applies; or
        1. the day on which the EPA gives public notice under section 149O of the proposed plan or change, if that section applies to the matter before the board; or
          1. the day on which the EPA gives limited notification under section 149ZC(4), if the EPA gives that notice for the matter before the board.
          2. However, the Minister may grant an extension that results in a time period greater than that described in subsection (2)(b) if the applicant agrees.

          3. For the purposes of subsection (2)(b), the period of 18 months excludes 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)).

          4. The EPA must give written notice to the following persons if the Minister grants an extension under subsection (1), or each time the Minister grants an extension under subsection (1), as the case may be:

          5. the applicant; and
            1. the local authority; and
              1. any person who made a submission on the matter.
                1. The EPA must, on request by a board of inquiry, request the Minister to grant an extension under subsection (1) in relation to any matter before the board.

                2. Subsection (5) does not limit subsection (1).

                Notes
                • Section 149S: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 149S(3A): inserted, on , by section 95 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                • Section 149S(5): inserted, on , by section 31 of the Resource Management Amendment Act 2013 (2013 No 63).
                • Section 149S(6): inserted, on , by section 31 of the Resource Management Amendment Act 2013 (2013 No 63).