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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

149ZC: Minister to decide whether application or notice of requirement to be notified

You could also call this:

“Minister decides who gets to know about your land use application”

If you make an application or give a notice of requirement, the Minister decides whether to tell others about it. The Minister looks at sections 149ZCB to 149ZCF to make this decision. You can think of the Minister like a person who helps make big decisions about how to use land and resources in New Zealand. The Minister has to follow some rules to make a fair decision.

If the Minister decides to tell everyone about your application or notice, then sections 149C to 149E apply. This means that the Minister will let the public know about your application or notice, so others can have a say. The public can then give their thoughts on your application or notice.

If the Minister decides not to tell everyone, but still wants some people to know, the EPA gives limited notification. The EPA is like a team that helps take care of the environment in New Zealand. When the EPA gives limited notification, it means they tell only certain people about your application or notice.

If you get a notice from the EPA, you can make a submission, which means you can give your thoughts on the application or notice. You have 20 working days to make a submission after the EPA gives you the notice. This is like giving you a chance to have a say in what happens next.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2418404.

Topics:
Environment and resources > Town planning Environment and resources > Land use Government and voting > Government departments
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149ZB: How EPA must deal with certain applications and notices of requirement, or

"EPA's rules for dealing with big projects and important applications that affect the country."

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149ZCA: Application of sections 149ZCB to 149ZCF, or

"These sections explain how to decide if people should be told about a special application."

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

149ZCMinister to decide whether application or notice of requirement to be notified

  1. If the Minister decides to make a direction under section 147(1)(a) or (b) for an application or notice of requirement to which section 149ZB applies, the Minister must also decide whether to notify the application or notice.

  2. The Minister must apply sections 149ZCB to 149ZCF in making his or her decision under subsection (1).

  3. If the Minister decides that the application or notice is to be publicly notified, sections 149C to 149E apply.

  4. If the Minister decides that the application or notice is not to be publicly notified, but is to be subject to limited notification, the EPA must give limited notification of the application or notice.

  5. Any person who receives a notice under subsection (4) may make a submission to the EPA and, for that purpose, section 149E(3) to (6) apply.

  6. However, the closing date for making a submission under subsection (5) is 20 working days after the day on which the EPA gives the notice under subsection (4).

Notes
  • Section 149ZC: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
  • Section 149ZC(2): replaced, on , by section 153(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
  • Section 149ZC(4): amended, on , by section 153(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).