Resource Management Act 1991

Proposals of national significance - Miscellaneous provisions - Process if related matter already subject to direction to refer to board of inquiry or court

149ZB: How EPA must deal with certain applications and notices of requirement

You could also call this:

“The EPA must suggest how to handle and share information about important projects that are connected to other big decisions.”

If you have a special application or notice about changing something important, like a resource consent or a designation, the Environmental Protection Authority (EPA) needs to handle it carefully. This is especially true if it’s part of a big project that’s already being looked at by a board of inquiry or the Environment Court.

When the EPA gets your application or notice, they need to do two things. First, they need to tell the Minister if they think it should be sent to a board of inquiry, the Environment Court, or somewhere else. Second, they need to say if they think other people should be told about your application or notice.

This process happens whether the board or court has finished looking at the other parts of the project or not. It also applies if they’ve already decided on those other parts and said they can go ahead.

The EPA follows these rules for different kinds of applications and notices. This includes asking for a new resource consent, changing an existing one, or wanting to change a designation or heritage order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2418403.

Topics:
Environment and resources > Town planning
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“The Minister can step in and help make decisions about important projects”


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“The Minister chooses if everyone or just some people should know about a special request”

Part 6AA Proposals of national significance
Miscellaneous provisions: Process if related matter already subject to direction to refer to board of inquiry or court

149ZBHow EPA must deal with certain applications and notices of requirement

  1. This section applies to a matter that is an application or notice of requirement described in subsection (2) if—

  2. the activity that the application or notice relates to is part of a proposal of national significance in relation to which 1 or more matters have already been subject to a direction under section 142(2) or 147(1)(a) or (b); and
    1. the application or notice was lodged with the EPA either—
      1. before the board of inquiry or Environment Court, as the case may be, has determined the matter or matters already subject to a direction under section 142(2) or 147(1)(a) or (b); or
        1. after the matter or matters have been determined by the board or the court and the matter or matters have been granted or confirmed.
        2. The applications and notices are—

        3. an application for a resource consent:
          1. an application for a change to or cancellation of the conditions of a resource consent:
            1. a notice of requirement to alter a designation:
              1. a notice of requirement to alter a heritage order.
                1. In addition to making a recommendation to the Minister under section 146 on whether to make a direction under section 147(1)(a), (b), or (c) in relation to the application or notice, the EPA must also recommend whether the application or notice should be notified under sections 149ZCB to 149ZCF.

                Notes
                • Section 149ZB: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 149ZB(3): amended, on , by section 152 of the Resource Legislation Amendment Act 2017 (2017 No 15).