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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

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

You could also call this:

“The Minister can give the board more time to finish their report if there's a good reason.”

The Minister can give a board of inquiry more time to finish their report. This can happen even before the board is chosen. The Minister can only give more time if there’s a good reason and if the total time won’t be more than 18 months from when the public was told about the matter. The 18 months don’t include any time when the inquiry was paused. If the person who asked for the inquiry agrees, the Minister can give even more time than 18 months.

When the Minister gives more time, the Environmental Protection Authority (EPA) must tell the person who asked for the inquiry, the local council, and anyone who shared their thoughts on the matter. The board can ask the EPA to ask the Minister for more time. The Minister can also decide to give more time without being asked.

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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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Environment and resources > Town planning
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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 a big decision about the environment needs to be made, it goes to a special court for them to decide.”

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

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).