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Resource Management Act 1991

Proposals of national significance - Miscellaneous provisions - Minister makes direction to refer matter to local authority

149Y: EPA must refer matter to local authority if direction made by Minister

You could also call this:

"When the Minister says so, the EPA must send a matter to the local council to handle."

If the Minister makes a direction to refer a matter to the local authority, this section applies. You need to know that the Minister makes this direction under section 147(1)(c). The EPA must then give notice of the Minister's direction to the local authority and the person who lodged the matter.

The EPA must provide the local authority with the matter and all the material they received about it. They must also tell the local authority to process the matter according to section 149Z. This means the local authority will handle the matter from now on.

The EPA has to follow these steps when the Minister makes a direction to refer a matter to the local authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417798.

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149X: Residual powers of local authority, or

"What happens when someone else makes a decision: the local council still has control"

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149Z: Local authority must process referred matter, or

"Council must deal with matters sent to them by the EPA."

Part 6AAProposals of national significance
Miscellaneous provisions: Minister makes direction to refer matter to local authority

149YEPA must refer matter to local authority if direction made by Minister

  1. This section applies if the Minister makes a direction under section 147(1)(c) to refer a matter lodged with the EPA to the local authority.

  2. The EPA must give notice of the Minister's direction to the local authority and the applicant.

  3. The EPA must also—

  4. provide the local authority with—
    1. the matter; and
      1. all the material received by the EPA that relates to the matter; and
      2. inform the local authority that it must process the matter in accordance with section 149Z.

        Notes
        • Section 149Y: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).