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Resource Management Act 1991

Proposals of national significance - How matter decided if direction made to refer matter to board of inquiry or court - Matter decided by board of inquiry

149RA: Minor corrections of board decisions, etc

You could also call this:

“The board can fix small mistakes in their decisions, like a teacher correcting spelling errors in your homework.”

When a board of inquiry makes a decision, they can fix small mistakes or missing parts in that decision. They can do this at any time while they’re appointed.

If the board gave permission for something (called a resource consent), they can correct it within 20 working days after they gave it. They do this as if they were a consent authority.

The board can also change a proposed plan. They can do this before the local authority approves it or before 40 working days after any appeals about it are finished. They do this as if they were a local authority.

For a proposed regional policy statement, the board can make changes before it’s approved or before 40 working days after any appeals are done. Again, they do this as if they were a local authority.

The board can also fix a requirement. They can do this before the local authority puts the designation or heritage order in its district plan, or before 40 working days after any appeals are finished.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5596236.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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149R: Board to produce report, or

“The group of experts must write down their decision and reasons in a report within a set time.”

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149S: Minister may extend time by which board must report, or

“The Minister can give the board more time to finish their report if there's a good reason.”

Part 6AA Proposals of national significance
How matter decided if direction made to refer matter to board of inquiry or court: Matter decided by board of inquiry

149RAMinor corrections of board decisions, etc

  1. At any time during its term of appointment, a board of inquiry may issue an amendment to a decision, or an amended decision, that corrects minor omissions, errors, or other defects in any decision of the board, and this power includes the powers set out in subsections (2) to (4).

  2. The board may correct a resource consent as if the board were a consent authority acting under section 133A (which applies within 20 working days of the grant of the resource consent).

  3. The board may amend a proposed plan as if the board were a local authority acting under clause 16(2) of Schedule 1 before the earlier of the following:

  4. the day on which the local authority approves the proposed plan under clause 17 of Schedule 1 or the day on which the Minister of Conservation approves the proposed regional coastal plan under clause 19 of Schedule 1, whichever applies:
    1. the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired.

      1. The board may amend a proposed regional policy statement as if the board were a local authority acting under clause 16(2) of Schedule 1 before the earlier of the following:

      2. the day on which the local authority approves the proposed regional policy statement under clause 17 of Schedule 1:
        1. the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired.

          1. The board may correct a requirement before the earlier of the following:

          2. the day on which the local authority includes the relevant designation or heritage order in its district plan and any proposed district plan under section 175(2):
            1. the day that is 40 working days after the day on which any appeals relating to the matter have been determined and all rights of appeal have expired.

              Notes
              • Section 149RA: inserted, on , by section 30 of the Resource Management Amendment Act 2013 (2013 No 63).
              • Section 149RA(1): amended, on , by section 94 of the Resource Legislation Amendment Act 2017 (2017 No 15).
              • Section 149RA(3A): inserted, on , by section 54 of the Resource Management Amendment Act 2020 (2020 No 30).