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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:

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

If the Minister decides to refer an application or notice to a board of inquiry or the Environment Court, they must also decide if it should be notified to the public. To make this decision, the Minister has to follow specific rules.

If the Minister decides the application or notice should be publicly notified, certain sections of the law will apply. These sections explain how to notify the public and what happens next.

If the Minister decides not to notify the public but to notify only specific people, the Environmental Protection Authority (EPA) will give notice to those people. This is called limited notification.

If you receive a limited notification, you can make a submission to the EPA. You have 20 working days from when the EPA gives the notice to make your submission.

When making a submission, you need to follow certain rules. These rules are explained in another part of the law.

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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
Government and voting > Local councils
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149ZB: How EPA must deal with certain applications and notices of requirement, or

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

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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).