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Resource Management Act 1991

Proposals of national significance - Minister may make direction in relation to matter - Matter lodged with local authority

144A: EPA to advise and make recommendations to Minister in relation to call-in

You could also call this:

“The Environmental Protection Agency helps the Minister decide if a project is important for the whole country.”

The Minister can ask the Environmental Protection Authority (EPA) for advice about whether something is important for the whole country. This is called a “proposal of national significance”.

When the EPA gives advice, they have to follow the same rules as the Minister would. They need to give their advice within 20 working days of being asked.

In their advice, the EPA has to suggest one of three things:

  1. The Minister should call in the matter and send it to a board of inquiry to decide.
  2. The Minister should call in the matter and send it to the Environment Court to decide.
  3. The Minister should not call in the matter.

The EPA must give a copy of their suggestion to the person who applied and to the local council.

Sometimes, the EPA might need more than 20 working days to give their advice. This can happen in special situations described in section 149(5) and (6).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3874041.

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Part 6AA Proposals of national significance
Minister may make direction in relation to matter: Matter lodged with local authority

144AEPA to advise and make recommendations to Minister in relation to call-in

  1. The Minister may request the EPA to advise him or her on whether a matter is, or is part of, a proposal of national significance.

  2. Section 142(3)(a) applies to the EPA as if the reference to the Minister were a reference to the EPA.

  3. The EPA must provide advice under subsection (1) no later than 20 working days after receiving the Minister's request.

  4. The EPA's advice must include its recommendation that the Minister—

  5. call the matter in and make a direction to refer it to a board of inquiry for a decision; or
    1. call the matter in and make a direction to refer it to the Environment Court for a decision; or
      1. not call the matter in.

        1. The EPA must serve a copy of its recommendation on the applicant and the local authority.

        2. The 20-working-day time frame specified in subsection (3) applies subject to section 149(5) and (6).

        Notes
        • Section 144A: inserted, on , by section 11 of the Resource Management Amendment Act 2011 (2011 No 19).