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149ZCF: Minister to decide if person is affected person
or “The Minister decides who is affected by an activity based on how much it impacts them”
You could also call this:

“The person asking for something must pay for the work done to process their request.”

You can be asked to pay for the costs of certain processes under this part of the law. Here’s what you need to know:

A local authority can ask you to pay for the actual and reasonable costs they incur when following this part of the law.

The Environmental Protection Authority (EPA) can ask you to pay for the actual and reasonable costs they incur when helping you before you submit something to them. This applies even if you end up not submitting anything.

The EPA can also ask you to pay for the actual and reasonable costs they incur when carrying out their jobs under this part of the law. This includes costs for supporting a board of inquiry.

The Minister can ask you to pay for the actual and reasonable costs related to a board of inquiry appointed under this part of the law.

If you ask, the local authority, EPA, or Minister must give you an estimate of the costs they might ask you to pay.

When deciding how much to ask you to pay, they must consider these things:

  • They can only ask for reasonable costs related to the specific matter.
  • You should only pay for costs that benefit you, not the whole community.
  • They should consider if any of your actions have reduced their costs.

If you don’t agree with being asked to pay these costs, you can object using section 357B.

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Next up: 149ZE: Remuneration, allowances, and expenses of boards of inquiry

or “How members of special groups investigating environmental issues get paid for their work and travel”
Next

Part 6AA Proposals of national significance
Miscellaneous provisions: Costs of processes under this Part

149ZDCosts of processes under this Part recoverable from applicant

  1. A local authority may recover from an applicant the actual and reasonable costs incurred by the local authority in complying with this Part.

  2. The EPA may recover from a person the actual and reasonable costs incurred by the EPA in providing assistance to the person prior to a matter being lodged with the EPA (whether or not the matter is subsequently lodged).

  3. The EPA may recover from an applicant the actual and reasonable costs incurred by the EPA in exercising its functions and powers under this Part (including the costs in respect of secretarial and support services provided to a board of inquiry by the EPA).

  4. The Minister may recover from an applicant the actual and reasonable costs incurred in relation to a board of inquiry appointed under this Part.

  5. The local authority, EPA, or Minister must, upon request by an applicant, provide an estimate of the costs likely to be recovered under this section.

  6. When recovering costs under this section, the local authority, EPA, or Minister must have regard to the following criteria:

  7. the sole purpose is to recover the reasonable costs incurred in respect of the matter to which the costs relate:
    1. the applicant should be required to pay for costs only to the extent that the benefit of the actions of the local authority, EPA, or Minister (as the case may be) to which the costs relate is obtained by the applicant as distinct from the community as a whole:
      1. the extent to which any activity by the applicant reduces the cost to the local authority, EPA, or Minister (as the case may be) of carrying out any of its functions, powers, and duties.

        1. A person may object under section 357B to a requirement to pay costs under any of subsections (1) to (4).

        Notes
        • Section 149ZD: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).