Resource Management Act 1991

149R Board to produce final report

• (1) As soon as practicable after the 20 working days referred to in section 149Q(4), a board of inquiry must—

  • (a) consider any comments received by the EPA in accordance with section 149Q; and

  • (b) make its decision; and

  • (c) produce a written report.

  (2) The board must do everything under subsection (1) no later than 9 months after—

  • (a) the day on which the EPA gave public notice under section 149C of the Minister's direction under section 142(2) or 147(1)(a) in relation to the matter, unless paragraph (b) or (c) applies; or

  • (b) the day on which the EPA gave public notice under section 149O of the proposed plan or change, if that section applies to the matter before the board; or

  • (c) the day on which the EPA gave limited notification under section 149ZC(4), if the EPA gave that notice for the matter before the board.

  (3) The report—

  • (a) must state the board's decision; and

  • (b) must give reasons for the decision; and

  • (c) must include a statement of the principal issues that were in contention; and

  • (d) must include the main findings on the principal issues that were in contention; and

  • (e) may recommend that changes be made to a plan, regional policy statement, national policy statement, or New Zealand coastal policy statement (being changes in addition to any changes that may result from the implementation of the decision); and

  • (f) may recommend that a national policy statement, a New Zealand coastal policy statement, or a national environmental standard be issued or revoked.

  (4) The EPA must send a copy of the report to—

  • (a) the applicant; and

  • (b) the local authority; and

  • (c) any other relevant local authorities; and

  • (d) the persons who made submissions on the matter; and

  • (e) the Minister of Conservation, if the report relates to the functions of the Minister of Conservation under this Act; and

  • (f) the Minister; and

  • (g) if the matter to which the report relates is a notice of requirement, the landowners and occupiers directly affected by the decision.

  (5) The EPA must publish the board's report and give public notice of where and how copies of it can be obtained.

  (6) Nothing in section 37(1) applies to the time periods or the requirements in this section that apply to a board.

  (7) The EPA's functions under this section are in addition to the EPA's functions under section 114(7)(a).

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

  Section 149R(7): inserted, on 1 October 2011, by section 44 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).