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Resource Management Act 1991

Proposals of national significance - Miscellaneous provisions - Process if related matter already subject to direction to refer to board of inquiry or court

149ZCB: Public notification of application or notice at Minister's discretion

You could also call this:

“The Minister can choose to tell everyone about a request, but sometimes they have to tell everyone or can't tell anyone.”

The Minister can decide if they want the Environmental Protection Authority (EPA) to tell everyone about an application or notice. But there are some cases when the EPA must tell everyone:

  1. If the Minister thinks the activity in the application or notice will likely harm the environment more than a little bit.
  2. If the person who made the application or notice asks for everyone to be told.
  3. If a rule or national environmental standard says everyone must be told.

However, the EPA can’t tell everyone if a rule or national environmental standard says they shouldn’t, unless the person who made the application or notice asks for it to be shared.

Even if these rules say not to tell everyone, the Minister can decide to do so anyway if they think there are special reasons.

If the EPA does tell everyone about an application or notice, they need to follow the steps in sections 149C to 149E.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7471375.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
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149ZCA: Application of sections 149ZCB to 149ZCF, or

“These sections explain how to decide if people should be told about a special application.”

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149ZCC: Limited notification of application or notice, or

“The Minister decides who needs to know about a special request, and tells them about it”

Part 6AA Proposals of national significance
Miscellaneous provisions: Process if related matter already subject to direction to refer to board of inquiry or court

149ZCBPublic notification of application or notice at Minister's discretion

  1. The Minister may, in his or her discretion, decide whether to require the EPA to publicly notify an application or a notice.

  2. Despite subsection (1), the EPA must publicly notify an application or a notice if—

  3. the Minister decides (under section 149ZCE) that the activity that is the subject of the application or notice will have, or is likely to have, adverse effects on the environment that are more than minor; or
    1. the applicant requests public notification of the application or notice; or
      1. a rule or national environmental standard requires public notification of the application or notice.

        1. Despite subsections (1) and (2)(a), the EPA must not publicly notify the application or notice if—

        2. a rule or national environmental standard precludes public notification of the application or notice; and
          1. subsection (2)(b) does not apply.

            1. Despite subsection (3), the EPA may publicly notify an application or a notice if the Minister decides that special circumstances exist in relation to the application or notice.

            2. To avoid doubt, if an application or notice is to be publicly notified in accordance with this section, sections 149C to 149E apply.

            Notes
            • Section 149ZCB: inserted, on , by section 154 of the Resource Legislation Amendment Act 2017 (2017 No 15).