Resource Management Act 1991

149 EPA may request further information or commission report

• (1) Subsection (2) applies in relation to a matter—

  • (a) that has been lodged with the EPA under section 145; or

  • (b) that the Minister has called in (by making a direction under section 142(2)) after it was lodged with the local authority.

  (2) The EPA may,—

  • (a) by written notice, request an applicant to provide further information relating to the matter:

  • (b) require an EPA employee, or commission any person, to prepare a report on any issue relating to a matter (including in relation to information contained in the matter or provided under paragraph (a)).

  (3) An applicant who receives a request under subsection (2)(a) must, within 15 working days after the date of the request, do one of the following things:

  • (a) provide the information; or

  • (b) tell the EPA by written notice that the applicant agrees to provide the information; or

  • (c) tell the EPA by written notice that the applicant refuses to provide the information.

  (4) If the EPA receives a notice under subsection (3)(b), the EPA must—

  • (a) set a reasonable time within which the applicant must provide the information; and

  • (b) tell the applicant by written notice the date by which the applicant must provide the information.

  (5) If the EPA requests further information under subsection (2)(a) before making its recommendation to the Minister on a matter under section 144A or 146, the time frame referred to in section 144A(3) or 146(1) (being the time within which the EPA must make its recommendation) begins on,—

  • (a) if the information is provided in accordance with this section, the day after the day on which the EPA receives the information; or

  • (b) if the EPA receives a notice of refusal under subsection (3)(c), the day after the day on which the EPA receives the notice; or

  • (c) in any other case, the day after the day on which the deadline for providing the information expires.

  (6) If the EPA requires a report under subsection (2)(b) before making its recommendation to the Minister on a matter under section 144A or 146, the time frame referred to in section 144A(3) or 146(1) (being the time within which the EPA must make its recommendation) begins on the day after the day on which the EPA receives the report.

  (7) The EPA must make its recommendation even if the applicant—

  • (a) does not provide the information before the deadline; or

  • (b) refuses to provide the information.

  Section 149: replaced, on 1 October 2009, by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 149(5): amended, on 1 July 2011, by section 12(1)(a) of the Resource Management Amendment Act 2011 (2011 No 19).

  Section 149(5): amended, on 1 July 2011, by section 12(1)(b) of the Resource Management Amendment Act 2011 (2011 No 19).

  Section 149(6): amended, on 1 July 2011, by section 12(2)(a) of the Resource Management Amendment Act 2011 (2011 No 19).

  Section 149(6): amended, on 1 July 2011, by section 12(2)(b) of the Resource Management Amendment Act 2011 (2011 No 19).