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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

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

You could also call this:

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

If the Minister hasn’t already asked the Environmental Protection Authority (EPA) to tell everyone or some people about an application or notice, the EPA must tell everyone about it in certain cases. This happens when the EPA asks for more information about the application or notice, but the person who applied either doesn’t give the information by the deadline or refuses to provide it.

The EPA must tell everyone even if there are rules or national environmental standards that say they shouldn’t. This applies when the EPA has already asked for more information under section 149(2)(a).

This rule is part of a process that happens when a related matter is already being looked at by a board of inquiry or a court. It’s designed to make sure people know about important applications or notices, especially when the EPA needs more information to make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7471377.

Topics:
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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"

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149ZCE: Minister to decide if adverse effects likely to be more than minor, or

"The Minister decides if an activity will have a big impact on the environment, ignoring some effects."

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

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149ZCDPublic notification of application or notice after request for further information

  1. Despite section 149ZCB(1), the EPA must publicly notify an application or notice if—

  2. the Minister has not already required the EPA to give public or limited notification of the application or notice; and
    1. subsection (2) applies.

      1. This subsection applies if the EPA requests further information on the application or notice under section 149(2)(a), but the applicant—

      2. does not provide the information before the deadline concerned; or
        1. refuses to provide the information.

          1. This section applies despite any rule or national environmental standard that precludes public or limited notification of the application or notice.

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