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:

“If the Minister tells the EPA to send a matter to the local authority, the EPA must do it and give them all the information.”

When the Minister decides to send a matter that was given to the Environmental Protection Authority (EPA) back to the local authority, the EPA has to do some specific things. First, they need to tell both the local authority and the person who applied about the Minister’s decision. Then, the EPA has to give the local authority all the information about the matter, including everything they received about it. They also need to tell the local authority that they have to handle the matter according to section 149Z. This process happens when the Minister makes a decision under section 147(1)(c) to send the matter back to the local authority instead of having the EPA deal with 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=DLM2417798.

Topics:
Government and voting > Local councils
Environment and resources > Town planning

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149X: Residual powers of local authority, or

“The local council can still manage and control permits and requirements, even if special groups made the decisions about them.”


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149Z: Local authority must process referred matter, or

“When the Minister asks a local authority to handle a matter, they must follow specific rules for processing it.”

Part 6AA Proposals 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).