Resource Management Act 1991

149M Process if matter is request for regional plan or change and particular circumstances apply

• (1) This section applies if the matter before a board of inquiry is a request for the preparation of a regional plan, or a request for a change to a plan, and—

  • (a) the request is lodged with the EPA under section 145; or

  • (b) the request is lodged with the local authority under clause 21 of Schedule 1 but, at the time the Minister made the direction under section 142(2) in relation to the request, the local authority had not yet made a decision on the request under clause 25 of Schedule 1.

  (2) The board may only—

  • (a) accept the request entirely under clause 25(2)(b) of Schedule 1; or

  • (b) reject the request entirely under clause 25(4) of Schedule 1.

  (3) To make a decision under subsection (2), the board—

  • (a) has all the powers of a local authority under clauses 23 and 24 of Schedule 1; and

  • (b) must consult the local authority on its views before making its decision.

  (4) If the board accepts the request,—

  • (a) the board must serve notice of its decision on the applicant and the local authority; and

  • (b) the local authority must prepare the proposed plan or change in accordance with section 149N; and

  • (c) the EPA must give public notice of the proposed plan or change, invite submissions on it under section 149O, and invite further submissions on it under section 149F; and

  • (d) the board must—

    • (i) conduct an inquiry on the proposed plan or change in accordance with sections 149L and 149P(1); and

    • (ii) apply section 149P(6) or (7), as the case may be; and

    • (iii) produce a draft report on the proposed plan or change under section 149Q; and

    • (iv) produce a final report on the proposed plan or change under section 149R.

  (4A) For the purposes of subsection (4)(c), in the case of a plan change request made under subpart 4 of Part 7A, the concurrent application—

  • (a) must be included in the public notice and invitation to make submissions; but

  • (b) must not be included in the invitation to make further submissions.

  (5) If the board rejects the request, the board must serve notice of its decision on the applicant and the local authority.

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

  Section 149M(4A): inserted, on 1 October 2011, by section 43 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).