Plain language law

New Zealand law explained for everyone

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

149ZCC: Limited notification of application or notice

You could also call this:

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

If the Minister decides not to make the Environmental Protection Authority (EPA) publicly announce an application or notice, they need to do two things. First, they must decide if anyone is affected by the activity. Second, they need to identify any affected protected customary rights group or affected customary marine title group.

The EPA must then give a limited notification of the application or notice to any affected person. However, they don’t have to do this if a rule or national environmental standard says they can’t.

The EPA must give a limited notification to an affected protected customary rights group or affected customary marine title group. They have to do this even if a rule or national environmental standard says they can’t give public or limited notification.

The parts about affected customary marine title groups only apply to applications for accommodated activities.

If an application or notice is going to be given limited notification as described here, section 149ZC(4) also applies.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7471376.

Topics:
Environment and resources > Conservation
Government and voting > Government departments
Māori affairs > Māori land
Previous

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

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

Next

149ZCD: Public notification of application or notice after request for further information, or

“The EPA must tell everyone about an application if they asked for more information but didn't get 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

149ZCCLimited notification of application or notice

  1. If the Minister decides not to require the EPA to publicly notify an application or a notice, the Minister must, in relation to the activity,—

  2. decide if there is any affected person (under section 149ZCF); and
    1. identify any affected protected customary rights group or affected customary marine title group.

      1. The EPA must give limited notification of the application or notice to any affected person unless a rule or national environmental standard precludes limited notification of the application or notice.

      2. The EPA must give limited notification of the application or notice to an affected protected customary rights group or affected customary marine title group even if a rule or national environmental standard precludes public or limited notification of the application or notice.

      3. In subsections (1) and (3), the requirements relating to an affected customary marine title group apply only in the case of applications for accommodated activities.

      4. To avoid doubt, if an application or notice is to be limited notified in accordance with this section, section 149ZC(4) applies.

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