Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

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

149Z: Local authority must process referred matter

You could also call this:

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

When someone sends a matter to a local authority, the authority must handle it in a specific way. If it’s an application for a resource consent, the authority will treat it as if you sent it directly to them. They’ll count the date they got it from the EPA as the day you applied.

If you’re asking to set up or change a designation, the authority will act like you gave them the request directly. The same goes for heritage orders.

For requests about regional plans or changes to plans, the authority will treat it as if you asked them directly. They’ll use the date they got the information from the EPA as the day you made the request.

If you want to change or cancel conditions on a resource consent, the authority will handle it as if you applied to them directly. Again, they’ll use the date they got the information from the EPA as your application date.

Remember, the Minister can still make changes to how this process works.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417799.

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

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

“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.”

Next

149ZA: Minister's powers to intervene in matter, or

“The Minister can step in and help make decisions about important projects”

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

149ZLocal authority must process referred matter

  1. A local authority must process a matter referred to it under section 149Y(3) in accordance with this section, subject to any action the Minister may take under section 149ZA.

  2. If the matter is an application for a resource consent, the local authority must treat the application as if—

  3. it had been made to the local authority under section 88(1); and
    1. it had been lodged on the date that the local authority received notification from the EPA under section 149Y(3); and
      1. section 88(3) and (3A) did not apply to the application.

        1. If the matter is a notice of requirement for a designation or to alter a designation, the local authority must treat the notice as if it had been—

        2. given to the local authority under section 168; and
          1. lodged on the date that the local authority received notification from the EPA under section 149Y(3).

            1. However, if the matter is a notice of requirement for a designation, or to alter a designation, to which section 168A(1) or 181(4) applies, the local authority must instead comply with section 168A or 181 (as the case may be), with all necessary modifications, as if it had decided to issue the notice of requirement under that section on the date that the matter was referred to it under section 149Y(3).

            2. If the matter is a notice of requirement for a heritage order or to alter a heritage order, the local authority must treat the notice as if it had been—

            3. given to the local authority under section 189; and
              1. lodged on the date that the local authority received notification from the EPA under section 149Y(3).

                1. However, if the matter is a notice of requirement for a heritage order, or to alter a heritage order, to which section 189A(1) or 195A(5) applies, the local authority must instead comply with section 189A or 195A (as the case may be), with all necessary modifications, as if it had decided to issue the notice of requirement under that section on the date that the matter was referred to it under section 149Y(3).

                2. If the matter is a request for the preparation of a regional plan or a change to a plan, the local authority must treat the request as if it had been—

                3. made to the local authority under clause 21 of Schedule 1; and
                  1. lodged on the date that the local authority received notification from the EPA under section 149Y(3).

                    1. If the matter is an application for a change to or cancellation of the conditions of a resource consent, the local authority must treat the application as if it had been—

                    2. made to the local authority under section 127; and
                      1. lodged on the date that the local authority received notification from the EPA under section 149Y(3).

                        Notes
                        • Section 149Z: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 149Z(2)(c): amended, on , by section 105 of the Resource Management Amendment Act 2013 (2013 No 63).