165ZFGEffect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142

1. Despite sections 142 and 144,—

2. the Minister must not make a decision as to whether to call in an affected application until all affected applications to which the relevant PHT requirement relates have been identified; and
3. if the Minister decides to call in an affected application by making a direction under section 142(2), the Minister must, whether or not the Minister considers any other affected application is a proposal or part of a proposal of national significance, call in all the other affected applications under the same direction; and
4. in deciding whether to make the direction referred to in paragraph (b), the Minister—
   1. may, in addition to the matters specified in section 142(3), consider the impact that the call-in direction would have on the other affected applications, including the impact on the costs the applicants might face; and
   2. must have regard to the capacity of the local authority to process the affected applications and the views of—
      1. the applicants for all the affected applications; and
      2. the regional council; and
      3. if the PHT requirement was made by Gazette notice under section 165ZFA, the Minister of Aquaculture.

5. Section 165ZFF(a), (d), and (e) apply if the affected applications are heard by the Environment Court or a board of inquiry and, for that purpose, the provisions of Part 6AA apply in respect of the hearing and determination of the affected applications with any necessary modifications.

Notes

• Section 165ZFG: inserted, on 1 October 2011, by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).