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Resource Management Act 1991

Proposals of national significance - Miscellaneous provisions - Costs of processes under this Part

149ZG: Process may be suspended if costs outstanding

You could also call this:

“If you don't pay the costs, they might stop working on your case until you do.”

If you owe money for costs related to a process under this part of the law, the Environmental Protection Authority (EPA) or the Minister can ask you to pay. The EPA will give you a written warning that if you don’t pay, they might stop working on your case and the inquiry will be put on hold.

If you don’t pay on time, the EPA can stop working on your case. When this happens, the inquiry is suspended. But if you later pay the money you owe, the EPA will start working on your case again and the inquiry will continue.

When an inquiry is suspended or starts again, the EPA has to tell several people as soon as possible. They need to inform you (the applicant), the board, the Minister, the local council, and anyone who has made a submission about the matter.

You still have the right to object or appeal about the costs, as explained in section 357B or section 358. However, even if you object or appeal, the EPA can still stop working on your case if you haven’t paid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7237198.

Topics:

Environment and resources > Conservation

Environment and resources > Town planning

Government and voting > Local councils

Money and consumer rights > Consumer protection

149ZF: Liability to pay costs constitutes debt due to EPA or the Crown, or

“If you don't pay certain costs when asked, the government can make you pay them back like a debt.”

150: Residual powers of authorities, or

“Authorities can still do some things even if they're not specifically mentioned in the rules.”

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

149ZGProcess may be suspended if costs outstanding

This section applies if—
the EPA or the Minister has required a person to pay costs recoverable under section 149ZD(2), (3), or (4); and
the EPA has given the person written notice that, unless the costs specified in the notice are paid,—
1. the EPA may cease to carry out its functions in relation to the matter; and
2. if it does so, the inquiry will be suspended.

If the person referred to in subsection (1)(b) fails to pay the costs in the required time, the EPA may cease carrying out its functions in respect of the matter.
If the EPA ceases to carry out its functions in respect of the matter, the inquiry is suspended.
If the EPA ceases to carry out its functions in respect of the matter, but subsequently the person required to pay the costs does so,—
the EPA must resume carrying out its functions in respect of the matter; and
the inquiry is resumed.

The EPA must, as soon as practicable after an inquiry is suspended under subsection (3) or is resumed under subsection (4)(b), notify the following that the inquiry is suspended or has resumed (as the case may be):
the applicant; and
the board; and
the Minister; and
the relevant local authority; and
every person who has made a submission on the matter.

Nothing in this section affects or prejudices the right of a person to object under section 357B or appeal under section 358, but an objection or an appeal does not affect the right of the EPA under subsection (2) of this section to cease carrying out its functions.

Notes

Section 149ZG: inserted, on 19 April 2017, by section 96 of the Resource Legislation Amendment Act 2017 (2017 No 15).