Resource Management Act 1991

146 EPA to recommend course of action to Minister

• (1) No later than 20 working days after receiving a matter lodged under section 145, the EPA must recommend to the Minister that he or she make a direction under section 147(1)(a), (b), or (c).

  (2) The EPA may also recommend to the Minister that he or she exercise 1 or more of the following powers:

  • (a) if the EPA recommends that the Minister make a direction under section 147(1)(a) or (b),—

    • (i) to make a submission on the matter for the Crown:

    • (ii) to extend the 9-month period by which any board of inquiry appointed to determine the matter must report under section 149R(1) because special circumstances exist:

  • (b) if the EPA recommends that the Minister make a direction under section 147(1)(c),—

    • (i) to make a submission on the matter for the Crown:

    • (ii) to appoint a project co-ordinator for the matter to advise the local authority:

    • (iii) if there is more than 1 matter that relates to the same proposal, and more than 1 local authority, to direct the local authorities to hold a joint hearing on the matters:

    • (iv) if the local authority appoints 1 or more hearings commissioners for the matter, to appoint an additional commissioner for the matter.

  (3) The EPA must serve a copy of its recommendation on the applicant and the local authority.

  (4) The 20-working day time frame specified in subsection (1) applies subject to section 149(5) and (6).

  (5) This section applies to plan change requests and concurrent applications made under subpart 4 of Part 7A subject to the following:

  • (a) the 20 working days referred to in subsection (1) begins on the later of the following days:

    • (i) the day on which the EPA determines that, for the purposes of section 88(3), the concurrent application is complete:

    • (ii) the day on which the EPA receives all the information and reports required under section 149:

  • (b) any recommendation made by the EPA under this section must relate to both the plan change request and its concurrent application.

  Section 146: replaced, on 1 October 2009, by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 146(5): inserted, on 1 October 2011, by section 38 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).