Part 6AA
Proposals of national significance
How matter decided if direction made to refer matter to board of inquiry or court:
Matter decided by Environment Court
149TMatter referred to Environment Court
This section applies if the Minister makes a direction under section 142(2)(b) or 147(1)(b) to refer a matter to the Environment Court for decision.
The matter is referred to the Environment Court by the applicant lodging with the court—
- a notice of motion specifying the orders sought and the grounds on which the application is made;
and
- a supporting affidavit on the circumstances giving rise to the application.
The applicant must—
- serve a copy of the notice of motion and the affidavit on the local authority and, if applicable,
every person who made a submission on the matter; and
- serve the documents as soon as is reasonably practicable after lodging them; and
- tell the Registrar when the documents have been served.
If the matter is a change to a district plan proposed by a territorial authority under clause 2 of Schedule 1, or a variation to a proposed district plan, the applicant must also serve a copy of the notice of motion and affidavit on any requiring authority that made a requirement under clause 4 of Schedule 1 in respect of the change or variation.
The court may at any time direct the applicant to serve a copy of the notice of motion and affidavit on any other person.
Section 274 applies to a notice of motion lodged under this section.
Notes
- Section 149T: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).