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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 decides if the public is told about an application that might affect the environment."

Illustration for Resource Management Act 1991

The Minister can decide if the EPA should tell the public about an application or notice. You need to know that the Minister has the power to make this decision. The EPA must tell the public if the Minister thinks the activity will hurt the environment in a big way, or if the person who made the application wants the public to know, or if a rule says they have to. The EPA must not tell the public if a rule says they cannot, and the person who made the application does not want the public to know. But the Minister can override this if they think there are special circumstances. If the EPA does tell the public, they have to follow certain rules, which are outlined in sections 149C to 149E. The Minister's decision to tell the public about an application or notice can be affected by what is decided under section 149ZCE. You can find more information about how the EPA handles these situations. The EPA has to follow the rules and make decisions based on what the Minister and the rules say.

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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.

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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 6AAProposals 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).