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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:

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

When a local authority gets a matter referred to it under section 149Y(3), it must process it according to this section. The local authority must follow the rules, unless the Minister takes action under section 149ZA. You need to know that the local authority will treat the matter as if it was given to them directly.

If someone applies for a resource consent, the local authority treats it as if it was made to them under section 88(1). They also treat it as if it was lodged on the date they got the notification from the EPA under section 149Y(3). The local authority ignores section 88(3) and (3A) when dealing with this application.

If the matter is about a notice of requirement for a designation, the local authority treats it as if it was given to them under section 168. They also treat it as if it was lodged on the date they got the notification from the EPA under section 149Y(3). However, if section 168A(1) or 181(4) applies, the local authority follows those rules instead.

If the matter is about a notice of requirement for a heritage order, the local authority treats it as if it was given to them under section 189. They also treat it as if it was lodged on the date they got the notification from the EPA under section 149Y(3). However, if section 189A(1) or 195A(5) applies, the local authority follows those rules instead.

If someone asks the local authority to prepare a regional plan or change a plan, they treat the request as if it was made to them under clause 21 of Schedule 1. They also treat it as if it was lodged on the date they got the notification from the EPA under section 149Y(3). If someone applies to change or cancel the conditions of a resource consent, the local authority treats the application as if it was made to them under section 127. They also treat it as if it was lodged on the date they got the notification from the EPA under section 149Y(3).

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Part 6AAProposals 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).