Resource Management (Simplifying and Streamlining) Amendment Bill

  • enacted
91 New Part 6AA substituted
  • Sections 140 to 150AA and the heading before section 140 are repealed and the following Part is substituted:

    Part 6AA
    Proposals of national significance

    140 Outline of this Part
    • (1) This section sets out the general scheme and effect of this Part. This section is by way of explanation only and does not limit or affect the other provisions of this Part or this Act.

      (2) This Part provides the Minister with specific powers (known as call in powers) in relation to applications for resource consents, applications for changes to or cancellation of resource consent conditions, local authority plan changes or variations, requests for plan changes, requests for the preparation of regional plans, and notices of requirement that are or are part of a proposal of national significance.

      (3) If exercised by the Minister, these powers set in motion one of 2 procedures by which the application, request, or notice (the matter) is decided. Instead of the normal procedures set out in the Act, either a board of inquiry or the Environment Court decides the matter. A decision by a board of inquiry or the Environment Court may be challenged only by an appeal to the High Court on a question of law. If that decision is challenged, a further appeal may be taken to the Supreme Court or the Court of Appeal on a question of law, but only with the leave of the Supreme Court.

      (4) There are 3 ways in which a matter may come to the Minister for his or her decision on whether to call in the matter. The Minister may act on his or her own initiative. The Minister may receive a request to call in a matter that has been lodged with a local authority, from the local authority, or the applicant, or the Minister may receive a recommendation from the Environmental Protection Authority to call in a matter lodged with the EPA.

      (5) If the Minister decides not to call in a matter, the matter will be processed by the local authority that, in the normal course of the Act, would be responsible for dealing with it. However, the Minister may still intervene in the process, for example, by making a submission on the matter for the Crown, appointing a project co-ordinator to advise the local authority on any thing relating to the matter, or appointing an additional hearings commissioner.

    141 Interpretation
    • In this Part, unless the context requires another meaning,—

      applicant means—

      • (a) the person who lodged the application, for a matter that is an application for—

        • (i) a resource consent; or

        • (ii) a change to or cancellation of the conditions of a resource consent:

      • (b) the person making the request, for a matter that is a request for a change to a plan—

        • (i) including a request that has been accepted by a board or inquiry under section 149M or the local authority under clause 25(2)(b) of Schedule 1; but

        • (ii) excluding a request that has been adopted by the local authority:

      • (c) the person making the request, for a matter that is a request for the preparation of a regional plan—

        • (i) including a request that has been accepted by a board of inquiry under section 149M or the local authority under clause 25(2)(b) of Schedule 1; but

        • (ii) excluding a request that has been adopted by the local authority:

      • (d) the requiring authority that lodged the notice of requirement, for a matter that is a notice of requirement for a designation or to alter a designation:

      • (e) the heritage protection authority that lodged the notice of requirement, for a matter that is a notice of requirement for a heritage order or to alter a heritage order:

      • (f) the local authority for a matter that is—

        • (i) a change to its plan (including a request for a change that has been adopted by the local authority); or

        • (ii) a proposed regional plan that has been prepared as a result of the local authority adopting a request for the preparation of a regional plan; or

        • (iii) a variation to its proposed plan

      intervene, in relation to a matter, means exercising 1 or more of the powers described in section 149ZA

      local authority means,—

      • (a) the consent authority that would process the application under section 88 or 127 or, if the application is lodged with the EPA, the consent authority that would otherwise be responsible for processing the application under section 88 or 127, for a matter that is an application for a resource consent or a change to or cancellation of the conditions of a resource consent:

      • (b) the territorial authority responsible for the district plan or proposed district plan, for a matter that is a request for a change to a district plan, a change to a district plan, or a variation to a proposed district plan:

      • (c) the regional council responsible for the regional plan or proposed regional plan, for a matter that is a request for the preparation of a regional plan, a request for a change to a regional plan, a change to a regional plan, or a variation to a proposed regional plan:

      • (d) the territorial authority responsible for dealing with the notice under section 168, 168A, 181, 189, 189A, or 192 or, if the notice of requirement was lodged with the EPA, the territorial authority that would otherwise be responsible for dealing with the notice under section 168, 168A, 181, 189, 189A, or 192, for a matter that is a notice of requirement or an alteration to a notice of requirement

      matter means—

      • (a) an application for a resource consent; or

      • (b) an application for a change to or cancellation of the conditions of a resource consent; or

      • (c) a request for the preparation of a regional plan (including a request that has been accepted or adopted in whole or in part by a local authority); or

      • (d) a request for a change to a plan (including a request that has been accepted or adopted in whole or in part by a local authority); or

      • (e) a change to a plan; or

      • (f) a variation to a proposed plan; or

      • (g) a notice of requirement for a designation; or

      • (h) a notice of requirement for a heritage order; or

      • (i) a notice of requirement to alter a designation or a heritage order.

    Subpart 1Minister may call in matter

    142 Minister may call in matter that is or is part of proposal of national significance
    • (1) If the Minister considers that a matter is or is part of a proposal of national significance, the Minister may decide to call in the matter and—

      • (a) refer it to a board of inquiry for decision; or

      • (b) refer it to the Environment Court for decision.

      (2) If the matter is referred to a board of inquiry, sections 149J to 149T and 149W apply.

      (3) If the matter is referred to the Environment Court, sections 149U and 149V apply.

      (4) If the Minister decides not to call in the matter, sections 149X to 149ZA apply.

      (5) A decision made under subsection (1) must—

      • (a) be in writing signed by the Minister; and

      • (b) state the reasons for calling in the matter.

      (6) This section is subject to section 143.

    143 Proposals relating to coastal marine area
    • (1) If a proposal of national significance relates wholly to the coastal marine area, this Part applies with the following modifications:

      • (a) references to the Minister must be read as references to the Minister of Conservation; and

      • (b) sections 149Q(3)(e) and (f) and 149R(3)(e) and (f) must be read as 1 paragraph saying the Minister of Conservation.

      (2) If a proposal of national significance relates partly to the coastal marine area (for example, a proposal requiring both a coastal permit and a land use permit) the proposal must be considered by the Minister and the Minister of Conservation and this Part applies as if any reference to the Minister were a reference to the Minister and the Minister of Conservation.

    144 Minister must have regard to certain factors when making call in decision
    • (1) In deciding whether a matter is or is part of a proposal of national significance, the Minister may have regard to any relevant factor, including whether the matter—

      • (a) has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment); or

      • (b) involves or is likely to involve significant use of natural and physical resources; or

      • (c) affects or is likely to affect a structure, feature, place, or area of national significance; or

      • (d) affects or is likely to affect or is relevant to New Zealand's international obligations to the global environment; or

      • (e) results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment); or

      • (f) involves or is likely to involve technology, processes, or methods that are new to New Zealand and that may affect its environment; or

      • (g) is or is likely to be significant in terms of section 8; or

      • (h) will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions; or

      • (i) affects or is likely to affect more than 1 region or district; or

      • (j) relates to a network utility operation that extends or is proposed to extend to more than 1 district or region.

      (2) In deciding whether to call in a matter, the Minister must have regard to—

      • (a) the views of the applicant and the local authority; and

      • (b) the capacity of the local authority to process the matter; and

      • (c) if applicable, any recommendations of the EPA.

    How matter comes to Minister for call in decision

    145 How matter comes to Minister for call in decision
    • (1) A matter may come to the Minister for decision under section 142(1) in one of the following ways:

      • (a) the Minister may, at his or her own initiative, call in a matter that has been lodged with a local authority; or

      • (b) the Minister may receive a request to call in a matter that has been lodged with a local authority from—

        • (i) the applicant; or

        • (ii) the local authority:

      • (c) the Minister may receive a recommendation from the EPA under section 147 to call in a matter lodged with it under section 146.

      (2) A local authority (whether acting as an applicant or a local authority) may not make a request to the Minister in respect of either of the following matters unless it has complied with the consultation provisions in clauses 2, 3, and, if relevant, 4 of Schedule 1 in relation to the matter:

      • (a) a change to a plan prepared by the local authority under clause 2 of Schedule 1; or

      • (b) a variation to a proposed plan.

    146 Matter lodged with EPA
    • (1) A person may lodge 1 or more of the following matters with the EPA:

      • (a) an application for a resource consent:

      • (b) a request for the preparation of a regional plan (other than a regional coastal plan):

      • (c) a request for a change to a plan.

      (2) The holder of a resource consent may lodge an application for a change to or cancellation of the conditions of the resource consent with the EPA.

      (3) A requiring authority may lodge a notice of requirement for a designation or to alter a designation with the EPA.

      (4) A heritage protection authority may lodge a notice of requirement for a heritage order or to alter a heritage order with the EPA.

      (5) If the matter is an application for a resource consent, section 88 applies, except that—

      • (a) every reference in that section to a local authority must be read as a reference to the EPA; and

      • (b) the applicant must serve notice of the application and its lodging with the EPA under this section on the local authority; and

      • (c) the applicant has no right of objection under section 88(5) if the EPA determines that the application is incomplete under section 88(3).

      (6) If the matter is an application for a change to or cancellation of the conditions of a resource consent,—

      • (a) section 127(1) applies, except that every reference in that section to a consent authority must be read as a reference to the EPA; and

      • (b) section 88 applies, except that—

        • (i) the application must be treated as if it were an application for resource consent for a discretionary activity; and

        • (ii) every reference in that section to a local authority, a resource consent, and the effects of the activity must be read as a reference to the EPA, the change or cancellation of the conditions, and the effects of the change or cancellation, respectively; and

        • (iii) the applicant must serve notice of the application and its lodging with the EPA under this section on the local authority; and

        • (iv) the applicant has no right of objection under section 88(5) if the EPA determines that the application is incomplete under section 88(3).

      (7) If the matter is a notice of requirement for a designation or to alter a designation, section 168 applies, except that—

      • (a) every reference in that section to a territorial authority must be read as a reference to the EPA; and

      • (b) the applicant must serve notice of the requirement and its lodging with the EPA under this section on the local authority.

      (8) If the matter is a notice of requirement for a heritage order or to alter a heritage order, section 189 applies, except that—

      • (a) every reference in that section to a territorial authority must be read as a reference to the EPA; and

      • (b) the applicant must serve notice of the requirement and its lodging with the EPA under this section on the local authority.

      (9) If the matter is a request for a change to a plan or the preparation of a regional plan, clause 22 of Schedule 1 applies, except that—

      • (a) every reference in that clause to a local authority must be read as a reference to the EPA; and

      • (b) the applicant must serve notice of the request and its lodging with the EPA under this section on the local authority.

      (10) A matter may not be lodged with the EPA under this section if—

      • (a) the same matter has been lodged with a local authority; and

      • (b) the applicant or the local authority has requested that the Minister intervene or call in the matter.

    147 EPA to recommend course of action to Minister
    • (1) No later than 20 working days after receiving a matter lodged under section 146, the EPA must recommend to the Minister that he or she—

      • (a) call in the matter under section 142(1); or

      • (b) not call in the matter.

      (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 matter be called in,—

        • (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 back under section 149R(1) because special circumstances exist:

      • (b) if the EPA recommends that the matter not be called in,—

        • (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 149E(4).

    148 Restriction on when Minister may call in matter if matter lodged with local authority
    • The Minister must not call in a matter that has been lodged with a local authority—

      • (a) more than 5 days after the close of the last day on which submissions may be made, if the local authority has notified the matter; or

      • (b) after the local authority notifies its decision or recommendation on the matter, if the local authority has decided not to notify the matter.

    How matter processed after being called in

    149 EPA must serve Minister's decision on local authority and applicant
    • The EPA must serve the Minister's decision to call in a matter as soon as practicable after the decision is made, on—

      • (a) the local authority; and

      • (b) the applicant.

    149A EPA must give public notice of Minister's decision
    • (1) The EPA must give public notice of the Minister's decision to call in a matter.

      (2) Subsection (1) does not apply if—

      • (a) the matter is a request for the preparation of a regional plan or a request for a change to a plan lodged with the local authority that, at the time the Minister makes the decision to call in the matter, the local authority—

        • (i) has not yet made a decision on under clause 25 of Schedule 1; or

        • (ii) has made a decision to accept the request, but has not prepared the proposed plan or change under clause 26(a) of Schedule 1; or

        • (iii) has made a decision to adopt the request, but has not yet notified the proposed plan or change under clause 5 of Schedule 1; or

      • (b) the matter is a request for the preparation of a regional plan or a request for a change to a plan lodged with the EPA under section 146; or

      • (c) the Minister directs that the giving of public notice be delayed under section 149B.

      (3) A notice under subsection (1) must—

      • (a) state the Minister's reasons for calling in the matter; and

      • (b) describe the matter to which the decision applies; and

      • (c) state where the matter, its accompanying information, and any further information may be viewed; and

      • (d) state that submissions on the matter may be made by any person to the EPA; and

      • (e) state the closing date for the receipt of submissions; and

      • (f) state the address for service of the EPA and the applicant (or each applicant if more than 1).

    149B Minister may direct EPA to delay giving public notice pending application for additional consents
    • (1) The Minister may direct the EPA to delay giving public notice of a decision to call in a matter under section 149A, even though the decision has been served under section 149.

      (2) Subsection (1) applies if the Minister considers, on reasonable grounds, that—

      • (a) resource consents, or other resource consents, will also be required in respect of the proposal to which the matter relates; and

      • (b) for better understanding the nature of the proposal to which the matter relates, applications for the resource consents, or other resource consents, are lodged before proceeding further with the matter.

      (3) The EPA must, without delay, notify the local authority and the applicant of the decision under subsection (1).

      (4) The Minister may, at any time, rescind a direction given under this section and direct the EPA to give public notice of the call in decision concerned under section 149A.

    149C EPA to receive submissions on matter for which call in decision publicly notified
    • (1) Any person (including the Minister, for the Crown) may make a submission to the EPA about a matter that has been called in and for which public notice has been given under section 149A.

      (2) Subsection (1) applies—

      • (a) whether or not the person has already made a submission to the local authority on the matter; but

      • (b) subject to subsection (5), if the person is a trade competitor of the applicant.

      (3) A submission must be—

      • (a) in the prescribed form; and

      • (b) be served—

        • (i) on the EPA, within the time allowed under subsection (6); and

        • (ii) on the applicant, as soon as practicable after service on the EPA.

      (4) A submission must state whether it supports the application, it opposes the application, or it is neutral.

      (5) If the person is a trade competitor of the applicant, the person may make a submission only if directly affected by an effect of the activity to which the matter relates, and the effect—

      • (a) adversely affects the environment; and

      • (b) does not relate to trade competition or the effects of trade competition.

      (6) The closing date for making a submission is 20 working days after the day on which public notice of the call in is given.

      (7) Any submissions on the matter received by the local authority before the matter is called in must be treated as having been made to the EPA under this section.

    149D EPA to receive further submissions if matter is proposed plan, change, or variation
    • (1) Subsection (2) applies if the matter called in by the Minister under section 142(1) is a proposed plan, change to a plan, or variation to a proposed plan.

      (2) The EPA must produce a summary of all the submissions on the proposed plan, change, or variation received under section 149C and give public notice of—

      • (a) the availability of a summary of submissions on the proposed plan, change, or variation; and

      • (b) where the summary and the submissions can be inspected; and

      • (c) the fact that no later than 10 working days after the day on which this public notice is given, the persons described in subsection (3) may make a further submission on the proposed plan, change, or variation; and

      • (d) the date of the last day for making further submissions; (as calculated under paragraph (c)); and

      • (e) the address for service of the EPA.

      (3) The following persons may make a further submission on a proposed plan, change, or variation:

      • (a) any person representing a relevant aspect of the public interest; and

      • (b) any person that has an interest in the proposed plan, change, or variation greater than the interest that the general public has; and

      • (c) the local authority.

      (4) However, a further submission may only be in support of or in opposition to the submissions made on the proposed plan, change, or variation under section 149C.

      (5) A submission must be in the prescribed form.

      (6) A person who makes a further submission under subsection (3) must serve a copy of it on—

      • (a) the applicant; and

      • (b) the person who made the submission under section 149C to which the further submission relates.

      (7) The further submission must be served no later than 5 working days after the day on which the person provides the EPA with the further submission.

    149E EPA may request further information or commission report
    • (1) The EPA may, at any time,—

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

      (2) An applicant who receives a request under subsection (1)(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.

      (3) If the EPA receives a notice under subsection (2)(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.

      (4) If the EPA acts under this section before making its recommendation to the Minister on a matter under section 147,—

      • (a) the time frame referred to in subsection (1) of that section (being the time within which the EPA must make its recommendation) begins on—

        • (i) the day after the day on which it receives the information or report; or

        • (ii) if the information under subsection (1)(a) is not received by the EPA by the deadline set under subsection (3), the day after the deadline expires; and

      • (b) the EPA must make its recommendation even if the applicant—

        • (i) does not respond to a request under subsection (1)(a) or a notification under subsection (2)(a); or

        • (ii) agrees to provide the information under subsection (1)(a) but does not do so or does not provide it before the deadline.

    149F EPA must provide board or Court with necessary information and serve notice on certain persons
    • (1) As soon as practicable, the EPA must provide the board of inquiry or Environment Court, as the case may be, with—

      • (a) the matter; and

      • (b) all the information received by the EPA that relates to the matter; and

      • (c) the submissions received by the EPA on the matter.

      (2) At the same time, the EPA must—

      • (a) serve a copy of the public notice given by it under section 149A on each owner and occupier (other than an applicant) of any land to which the matter relates and each owner or occupier of any land adjoining any land to which the matter relates; or

      • (b) if the matter is a request for a regional plan or a request for a change to a plan before a board of inquiry under section 149M, serve a copy of the public notice given by it under section 149O(2) on—

        • (i) each owner and occupier (other than an applicant) of any land to which the matter relates; and

        • (ii) each owner or occupier of any land adjoining any land to which the matter relates.

      (3) The EPA must also commission the local authority to prepare a report on the key planning issues in relation to the matter that includes—

      • (a) any relevant provisions of a national policy statement, a New Zealand coastal policy statement, a regional policy statement or proposed regional policy statement, and a plan or proposed plan; and

      • (b) a statement on whether all required consents in relation to the proposal to which the matter relates have been applied for; and

      • (c) if applicable, the activity status of all proposed activities in relation to the matter.

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

      • (a) the board of inquiry or the Environment Court, as the case may be; and

      • (b) the applicant; and

      • (c) every person who made a submission on the matter.

    149G Local authority's obligations where matter called in already lodged with local authority
    • (1) Subsections (2) and (3) apply to a local authority if—

      • (a) the Minister calls in a matter that was lodged with the local authority; and

      • (b) the local authority has been served with the decision to call in the matter under section 149(2).

      (2) The local authority must, without delay,—

      • (a) provide the EPA with—

        • (i) the matter; and

        • (ii) all information received by the local authority that relates to the matter; and

        • (iii) if applicable, the submissions received by the local authority on the matter; and

      • (b) serve a copy of the public notice given by the EPA under section 149A on—

        • (i) each owner and occupier (other than an applicant) of any land to which the matter relates; and

        • (ii) each owner or occupier of any land adjoining any land to which the matter relates; and

        • (iii) if applicable, every person who has made a submission to the local authority on the matter.

      (3) A local authority is not required to comply with subsection (3)(b), if the matter is a request for the preparation of a regional plan or a request for a change to a plan that is before a board of inquiry under section 149M.

    149H Local authority may not notify further change or variation on same issue if change or variation called in
    • If the Minister decides to call in any of the following matters, the local authority must not notify a further change or variation relating to the same issue until after the board of inquiry or the Environment Court, as the case may be, has made a decision on the matter:

      • (a) a matter that is a change to a plan; or

      • (b) a matter that is a variation to a proposed plan; or

      • (c) a matter that is a request for the preparation of a regional plan (including a request that has been accepted or adopted by the local authority).

    149I Limitation on withdrawal of change or variation that has been called in
    • (1) A local authority may withdraw a change that was notified under clause 5 of Schedule 1, or a variation to a proposed plan, that has been called in by the Minister no later than 5 working days after the close of the last day on which further submissions may be made under section 149D,

      (2) An applicant may withdraw the applicant's request for a proposed regional plan or change that has been called in by the Minister no later than 5 working days after the close of the last day on which further submissions may be made under section 149D.

    Subpart 2How called in matter decided

    Matter decided by board of inquiry

    149J Minister to appoint board of inquiry
    • (1) This section applies if the Minister calls in a matter and refers it to a board of inquiry for decision.

      (2) As soon as practicable after making the referral, the Minister must appoint a board of inquiry to decide the matter.

      (3) The Minister must appoint—

      • (a) no fewer than 3, but no more than 5, members; and

      • (b) 1 member as the chairperson, who must be a current, former, or retired Environment Judge or a retired High Court Judge.

      (4) A member of a board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board.

    149K How members appointed
    • (1) The Minister must comply with this section when appointing a board of inquiry under section 149J.

      (2) The Minister must seek suggestions for members of the board from the local authority.

      (3) However, the Minister may appoint a person as a member of the board whether or not he or she receives a suggestion for the person under subsection (2).

      (4) In appointing members, the Minister must consider the need for the board to have available to it, from its members, knowledge, skill, and experience relating to—

      • (a) this Act; and

      • (b) the matter or type of matter that the board will be considering; and

      • (c) tikanga Māori; and

      • (d) the local community.

    149L Conduct of inquiry
    • (1) A board of inquiry appointed to determine a matter under section 149J may, in conducting its inquiry, exercise any of the powers, rights, and discretions of a consent authority under sections 92 to 92B and 99 to 100 as if—

      • (a) the matter were an application for resource consent; and

      • (b) every reference in those sections to an application or an application for resource consent were a reference to the matter.

      (2) If a hearing is to be held, the board must—

      • (a) fix a place, and the commencement date and time for the hearing; and

      • (b) give not less than 10 working days' notice of the matters stated in paragraph (a) to—

        • (i) the applicant; and

        • (ii) every person who made a submission on the matter stating that he or she wished to be heard and who has not subsequently advised the board that he or she no longer wishes to be heard.

      (3) A hearing must be held at a place near to the area to which the matter relates.

      (4) A board of inquiry—

      • (a) must keep a full record of any hearings or proceedings:

      • (b) may permit a party to question any other party or witness:

      • (c) may permit cross-examination.

    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 a regional plan or a request for a change to a plan—

      • (a) lodged with the EPA under section 146; or

      • (b) lodged with a local authority under clause 21 of Schedule 1 that, at the time the Minister decided to call in the request, the local authority had not yet made a decision under clause 25 of that schedule in relation to the request.

      (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 determine the matter, 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 and invite submissions on it under section 149O; and

      • (d) the board must—

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

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

        • (iii) produce draft and final reports on the proposed plan or change under sections 149Q and 149R.

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

    149N Process if section 149J applies or proposed plan or change not yet prepared
    • (1) Subsections (2) and (3) apply if—

      • (a) a board of inquiry has accepted a request for the preparation of a regional plan or a request for a change to a plan under section 149M; or

      • (b) a local authority has accepted a request for the preparation of a regional plan, or a request for a change to a plan, under clause 25(2)(b) of Schedule 1 and the request is called in by the Minister but, at the time the Minister decided to call in the request and refer it to a board of inquiry, the local authority had not prepared the proposed plan or change under clause 26(a) of that schedule.

      (2) The local authority must prepare the proposed plan or change in consultation with the applicant as if clause 26(a) of Schedule 1 applied.

      (3) The local authority must then serve a copy of the proposed plan or change on the EPA,—

      • (a) if the circumstances in subsection (1)(a) apply, no later than 4 months after the local authority was served with notice of the board's decision under section 149M(4):

      • (b) if the circumstances in subsection (1)(b) apply, no later than 4 months after the local authority was served with notice of the Minister's decision under section 149.

      (4) Subsection (5) applies if a local authority has adopted a request for the preparation of a regional plan, or a request for a change to a plan, under clause 25(2)(a) of Schedule 1 and the request is called in by the Minister but, at the time the Minister decided to call in the request, the local authority had not notified the proposed plan or change under clause 5 of that schedule.

      (5) The local authority must serve a copy of the proposed plan or change on the EPA no later than 4 months after the local authority was served with notice of the Minister's decision under section 149.

      (6) A rule included in a change prepared under subsection (2) that provides for or relates to an aquaculture management area has legal effect on and from the date the change is publicly notified under section 149O.

    149O Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N
    • (1) This section applies where the EPA receives a proposed plan or change prepared by a local authority under section 149N.

      (2) On receiving a copy of the proposed plan or change, the EPA must give public notice of the proposed plan or change stating—

      • (a) the Minister's reasons for calling in the proposed plan or change; and

      • (b) where the proposed plan or change, accompanying information, and any other information may be viewed; and

      • (c) any rule in the proposed plan or change that has legal effect from a date other than the date on which the rule is made operative under clause 20 of Schedule 1; and

      • (d) that submissions on the proposed plan or change may be made by any person to the EPA; and

      • (e) the closing date for receiving submissions; and

      • (f) the address for service of the EPA and the applicant.

      (3) Any person may make a submission on a proposed plan or change for which public notice is given under subsection (2) and, for that purpose sections 149C(3), (4) and (5) apply.

      (4) The closing date for making a submission under subsection (3) is 20 working days after the day on which public notice of the proposed plan or change is given under subsection (2).

      (5) On receiving a copy of the proposed plan or change, the EPA must also provide the board of inquiry with a copy of the proposed plan or change.

    149P Consideration of matter by board
    • (1) A board of inquiry considering a matter must—

      • (a) have regard to the Minister's reasons for calling in the matter; and

      • (b) consider any information provided to it by the EPA under section 149F; and

      • (c) act in accordance with subsection (2), (3), (4), (5), (6), or (7), as the case may be.

      (2) A board of inquiry considering a matter that is an application for a resource consent must apply sections 104 to 112 and 138A as if it were a consent authority.

      (3) A board of inquiry considering a matter that is an application for a change to or cancellation of the conditions of a resource consent must apply sections 104 to 112 as if—

      • (a) it were a consent authority and the application were an application for resource consent for a discretionary activity; and

      • (b) every reference to a resource consent and to the effects of the activity were a reference to the change or cancellation of a condition and the effects of the change or cancellation, respectively.

      (4) A board of inquiry considering a matter that is a notice of requirement for a designation or to alter a designation—

      • (a) must have regard to the matters set out in section 171(1); and

      • (b) may—

        • (i) cancel the requirement; or

        • (ii) confirm the requirement; or

        • (iii) confirm the requirement, but modify or impose conditions on it as the board thinks fit; and

      • (c) may waive the requirement for an outline plan to be submitted under section 176A.

      (5) A board of inquiry considering a matter that is a notice of requirement for a heritage order or to alter a heritage order—

      • (a) must have regard to the matters set out in section 191(1); and

      • (b) may—

        • (i) cancel the requirement; or

        • (ii) confirm the requirement; or

        • (iii) confirm the requirement, but modify or impose conditions on it as the board thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order).

      (6) A board of inquiry considering a matter that is a variation to a proposed regional plan or a proposed regional plan or a change to a regional plan—

      • (a) must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and

      • (b) may exercise the powers under section 293 as if it were the Environment Court; and

      • (c) must apply sections 66 to 70B and 77A to 77D as if it were a regional council.

      (7) A board of inquiry considering a matter that is a change to a district plan or a variation to a proposed district plan—

      • (a) must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and

      • (b) may exercise the powers under section 293 as if it were the Environment Court; and

      • (c) must apply sections 74 to 77D as if it were a territorial authority.

    149Q Board to produce draft report
    • (1) As soon as practicable after a board of inquiry has completed its inquiry on a matter, it must—

      • (a) prepare a draft decision; and

      • (b) produce a draft written report.

      (2) The draft report—

      • (a) must state the board's draft 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 findings of fact; 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 draft 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.

      (3) The EPA must send a copy of the draft 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 draft decision.

      (4) The EPA must invite the persons to whom it sends the draft report to send any comments on minor or technical aspects of the report to the EPA no later than 20 working days after the date of the invitation.

      (5) Comments on minor or technical aspects of the report—

      • (a) include comments on minor errors in the report, on the wording of conditions specified in the report, or that there are omissions in the report (for example, the report does not address a certain issue); but

      • (c) do not include comments on the board's decision or its reasons for the decision.

    149R Board to produce final report
    • (1) As soon as practicable after the 20 working days referred to in section 149Q(4), but no later than 9 months after the EPA gave public notice of the matter being called in under section 149A, 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 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 findings of fact; 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 or a New Zealand coastal policy statement be issued or revoked.

      (3) 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.

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

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

    149S Local authority to implement board's decision
    • (1) Subsections (2) and (3) apply to a local authority if—

      • (a) a board of inquiry or the Environment Court considers a matter that is a proposed regional plan or a change to a plan or a variation to a proposed plan; and

      • (b) the board or the Court, as the case may be, decides that changes must be made to the proposed plan, change, or variation.

      (2) As soon as practicable after receiving notice of the decision of the board or the Court under section 149R(3) or 149U, as the case may be, the local authority must—

      • (a) amend the proposed plan, change, or variation under clause 16(1) of Schedule 1, and that clause applies accordingly as if the decision were a direction of the Environment Court under section 293; and

      • (b) if the decision is in respect of a proposed regional plan, or a change or variation to a district or regional plan (other than a regional coastal plan), the local authority must—

        • (i) approve the proposed plan, change, or variation under clause 17 of Schedule 1; and

        • (ii) make the plan, change, or variation operative by giving public notice in accordance with clause 20 of that schedule; and

      • (c) if the decision is in respect of a change or variation to a regional coastal plan, the local authority must—

        • (i) adopt the change or variation under clause 18(1) of Schedule 1; and

        • (ii) send the plan to the Minister of Conservation for his or her approval in accordance with clause 19 of Schedule 1; and

        • (iii) following approval of the change or variation by the Minister of Conservation, make the change operative by giving public notice in accordance with clause 20 of that schedule.

      (3) For the purposes of subsection (2)(c)(ii), clause 19 of Schedule 1 must be read as if the reference to any direction of the Environment Court were a reference to any decision of the Environment Court or a board of inquiry.

      (4) A local authority must comply with section 175, if a board of inquiry or the Environment Court confirms a requirement under this Part.

    149T Minister may extend time by which board must report
    • (1) Despite section 149R(1), the Minister may, at any time (including before the board is appointed), grant an extension or extensions of time in which a board of inquiry must produce its final report.

      (2) The Minister may grant an extension only if—

      • (a) he or she considers that special circumstances apply; and

      • (b) the time period as extended does not exceed 18 months from the date that public notice of the Minister's decision to call in the matter is given under section 149A.

      (3) However, the Minister may grant an extension that results in a time period greater than that described in subsection (2)(b) if the applicant agrees.

      (4) The EPA must give written notice to the following persons if the Minister grants an extension under subsection (1), or each time the Minister grants an extension under subsection (1), as the case may be:

      • (a) the applicant; and

      • (b) the local authority; and

      • (c) any other local authority that the Minister considers should be notified of the extension; and

      • (d) any person who made a submission on the matter.

    Matter decided by Environment Court

    149U Reference of called in matter to Environment Court
    • (1) This section applies if the Minister calls in a matter and refers it to the Environment Court for decision.

      (2) The matter is referred to the Environment Court by the applicant lodging with the Court—

      • (a) a notice of motion specifying the orders sought and the grounds on which the application is made; and

      • (b) a supporting affidavit on the circumstances giving rise to the application.

      (3) The applicant must—

      • (a) serve the notice of motion and the affidavit on the local authority and, if applicable, every person who made a submission on the matter; and

      • (b) serve the documents as soon as is reasonably practicable after lodging them; and

      • (c) tell the Court Registrar when the documents have been served.

      (4) If the matter is a change to a district plan prepared by a territorial authority under clause 2 of Schedule 1, or a variation to a proposed district plan, the applicant must also serve the notice of motion and affidavit on any requiring authority that made a requirement under clause 4 of that schedule in respect of the change or variation.

      (5) The Court may at any time direct the applicant to serve a copy of the notice of motion and affidavit on any other person.

      (6) The EPA must, without delay, provide the Court with—

      • (a) the matter; and

      • (b) all material in relation to the matter received by the EPA; and

      • (c) any submissions on the matter received by the EPA.

      (7) Section 274 applies to a notice of motion lodged under this section.

    149V Consideration of matter by Environment Court
    • (1) The Environment Court, when considering a matter, must—

      • (b) have regard to the Minister's reasons for calling in the matter; and

      • (a) consider any information provided to it by the EPA under section 149U(7); and

      • (c) act in accordance with subsection (2), (3), (4), (5), (6), or (7) as the case may be.

      (2) If considering a matter that is an application for a resource consent, the Court must apply sections 104 to 112 and 138A as if it were a consent authority.

      (3) If considering a matter that is an application for a change to or cancellation of the conditions of a resource consent, the Court must apply sections 104 to 112 as if—

      • (a) it were a consent authority and the application were an application for resource consent for a discretionary activity; and

      • (b) every reference to a resource consent and to the effects of the activity were a reference to the change or cancellation of a condition and the effects of the change or cancellation, respectively.

      (4) If considering a matter that is a notice of requirement for a designation or to alter a designation, the Court—

      • (a) must have regard to the matters set out in section 171; and

      • (b) may—

        • (i) cancel the requirement; or

        • (ii) confirm the requirement; or

        • (iii) confirm the requirement, but modify or impose conditions on it as the Court thinks fit; and

      • (c) may waive the requirement for an outline plan to be submitted under section 176A.

      (5) If considering a matter that is a notice of requirement for a heritage order or to alter a heritage order, the Court—

      • (a) must have regard to the matters set out in section 191; and

      • (b) may—

        • (i) cancel the requirement; or

        • (ii) confirm the requirement; or

        • (iii) confirm the requirement, but modify or impose conditions on it as the Court thinks fit (including a condition that the heritage protection authority reimburse the owner of the place concerned for any additional costs of upkeep of the place resulting from the making or the modifying of the order).

      (6) If considering a matter that is a variation to a proposed plan, a proposed regional plan, or a change to a regional plan, the Court—

      • (a) must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and

      • (b) may exercise the powers under section 293; and

      • (c) must apply sections 66 to 70B as if it were a regional council; and

      • (d) if the matter is a proposed regional plan or a change to a regional plan, must also apply sections 77A to 77D as if it were a regional council.

      (7) If considering a matter that is a change to a district plan or a variation to a proposed district plan, the Court—

      • (a) must apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; and

      • (b) may exercise the powers under section 293; and

      • (c) must apply sections 74 to 77D as if it were a territorial authority.

      (8) Part 11 applies to proceedings under this section, except if inconsistent with any provision of this section.

    Appeals

    149W Appeal from decisions only on question of law
    • (1) A person described in section 149R(3) may appeal to the High Court against a decision under section 149R(1) or 149U, but only on a question of law.

      (2) An applicant for a matter to which section 149M applies may appeal to the High Court against a decision under subsection (2)(b) of that section, but only on a question of law.

      (3) If the appeal is from a decision of a board of inquiry, sections 300 to 307 apply to the appeal subject to the following:

      • (a) every reference to the Environment Court in the sections must be read as a reference to the board of inquiry; and

      • (b) the sections must be read with any other necessary modifications; and

      • (c) the High Court Rules apply if a procedural matter is not dealt with in the sections.

      (4) If the appeal is from a decision of the Environment Court, section 299 applies to the appeal.

      (5) No appeal may be made to the Court of Appeal from a determination of the High Court under this section.

      (6) However, a party may apply to the Supreme Court for leave to bring an appeal to that court against a determination of the High Court and, for this purpose, sections 12 to 15 of the Supreme Court Act 2003 apply with any necessary modifications.

      (7) If the Supreme Court refuses to give leave for an appeal (on the grounds that exceptional circumstances have not been established under section 14 of the Supreme Court Act 2003), but considers that a further appeal from the determination of the High Court is justified, the Court may remit the proposed appeal to the Court of Appeal.

      (8) No appeal may be made from any appeal determined by the Court of Appeal in accordance with subsection (7).

      (9) Despite any enactment to the contrary,—

      • (a) an application for leave for the purposes of subsection (6) must be filed no later than 10 working days after the determination of the High Court; and

      • (b) the Supreme Court or the Court of Appeal, as the case may be, must determine an application for leave, or an appeal, to which this section applies as a matter of priority and urgency.

    Subpart 3Miscellaneous obligations, costs, remuneration, allowances, etc

    149X Residual powers of local authority
    • (1) Subsection (2) applies to a resource consent that has been granted by a board of inquiry or the Environment Court under section 149R or 149V, as the case may be.

      (2) The consent authority concerned has all the functions, duties, and powers in relation to the resource consent as if it had granted the consent itself.

      (3) Subsection (4) applies to a requirement confirmed (with or without modifications) by a board of inquiry or the Environment Court under section 149R or 149V.

      (4) The territorial authority concerned has all the functions, duties, and powers in relation to the requirement as if it had dealt with the matter itself.

    149Y Circumstances where EPA must notify local authority and applicant if matter is not called in
    • (1) Subsection (2) applies in either of the following circumstances:

      • (a) a local authority or an applicant has requested the Minister to call in a matter and the Minister has decided not to do so; or

      • (b) a matter was lodged with the EPA and the Minister has decided not to call in the matter.

      (2) The EPA must notify the local authority and the applicant of the Minister's decision.

      (3) If the matter was lodged with the EPA, the EPA must also—

      • (a) provide the local authority with—

        • (i) the matter; and

        • (ii) all the information held by the EPA in relation to the matter; and

      • (b) inform the local authority that it must process the matter in accordance with section 149Z.

    149Z Local authority must process matter not called in
    • (1) A local authority must, subject to any action the Minister may take under section 149ZA, process a matter referred to it under section 149X(3) in the following way:

      • (a) if the matter is an application for resource consent, the local authority must treat the application as if it had been—

        • (i) made to the local authority under section 88(1); and

        • (ii) lodged on the date that the local authority received notification from the EPA under section 149X(3); and

        • (iii) section 88(3) did not apply to the application.

      • (b) if the matter is a notice of requirement for a designation or to alter a designation, the local authority must treat the notice as if it had been—

        • (i) given to the local authority under section 168; and

        • (ii) lodged on the date that the local authority received notification from the EPA under section 149X(3):

      • (c) if the matter is a notice of requirement for a heritage order or to alter a heritage order, the local authority must treat the notice as if it had been—

        • (i) given to the local authority under section 189; and

        • (ii) lodged on the date that the local authority received notification from the EPA under section 149X(3):

      • (d) if the matter is a request for the preparation of a regional plan or a change to a plan, the local authority must treat the request as if it had been—

        • (i) made to the local authority under clause 21 of Schedule 1; and

        • (ii) lodged on the date that the local authority received notification from the EPA under section 149X(3):

      • (e) if the matter is an application for a change to or cancellation of the conditions of a resource consent, the local authority must treat the application as if it had been—

        • (i) made to the local authority under section 127; and

        • (ii) lodged on the date that the local authority received notification from the EPA under section 149X(3).

      (2) Subsection (1)(b) is subject to subsection (4).

      (3) Subsection (1)(c) is subject to subsection (5).

      (4) If the notice of requirement relates to a public work located in the local authority's own district and for which it has financial responsibility, the local authority must give notice under section 168A(1), and the rest of that section applies accordingly with any necessary modifications.

      (5) If the notice of requirement relates to a heritage order located in the local authority's own district, the local authority must give notice under section 189A(1), and the rest of that section applies accordingly with any necessary modifications.

    149ZA Minister's powers in relation to matter not called in
    • (1) The Minister may intervene in a matter by exercising 1 or more of the following powers in relation to the matter:

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

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

      • (c) 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:

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

      (2) In deciding whether to act under subsection (1), the Minister must consider the extent to which the matter is or is part of a proposal of national significance.

      (3) If the Minister makes a direction under subsection (1)(c),—

      • (a) the local authorities must hold the joint hearing; and

      • (b) section 102 applies, with the necessary modifications, to the hearing.

      (4) If the Minister appoints a hearings commissioner under subsection (1)(d), the commissioner has the same powers, functions, and duties as the commissioner or commissioners appointed by the local authority.

      (5) If the matter has come before the Minister by way of an application lodged with the EPA, the Minister may exercise the powers under subsection (1) in relation to the matter whether or not the EPA made any recommendations about the matter to the Minister under section 147(2).

    149ZB How EPA must deal with certain applications and notices of requirement
    • (1) This section applies to a matter that is an application or notice of requirement described in subsection (2) if—

      • (a) the activity that the application or notice relates to is part of a proposal of national significance in relation to which 1 or more matters have already been called in by the Minister under section 142(1); and

      • (b) the application or notice was lodged with the EPA either—

        • (i) before the board of inquiry or Environment Court, as the case may be, has determined the matter or matters already called in; or

        • (ii) after the matter or matters have been determined by the board or the Court and the matter or matters have been granted or confirmed.

      (2) The applications and notices are—

      • (a) an application for a resource consent:

      • (b) an application for a change to or cancellation of the conditions of a resource consent:

      • (c) a notice of requirement for an alteration to a designation:

      • (d) a notice of requirement for an alteration to a heritage order.

      (3) In addition to making a recommendation to the Minister under section 147 on whether to call in the application or notice, the EPA must also recommend whether the application or notice should be notified.

    149ZC Minister to decide whether application or notice of requirement to be notified
    • (1) If the Minister decides to call in an application or notice of requirement to which section 149ZB applies, the Minister must also decide whether to notify the application or notice.

      (2) The Minister must apply sections 95 to 95F in making its decision under subsection (1).

      (3) If the Minister decides that the application or notice is to be publicly notified, sections 149A to 149C apply.

      (4) If the Minister decides that the application or notice is not to be publicly notified, but is to be subject to limited notification, the EPA must serve notice of the application or notice, in the prescribed form, on the persons specified in section 95B

      (5) Any person who receives notice under subsection (4) may make a submission to the EPA.

      (6) The closing date for making a submission under subsection (5) is 20 working days after the date on which the EPA gives notice.

    Costs of processes under this Part

    149ZD Costs of processes under this Part recoverable from applicant
    • (1) A local authority may recover from an applicant the actual and reasonable costs incurred by the local authority in complying with this Part.

      (2) The EPA may recover from a person the costs incurred by the EPA from providing advice to the person prior to a matter being lodged with the EPA (whether or not the matter is subsequently lodged).

      (3) The EPA may recover from an applicant the actual and reasonable costs incurred by the EPA in exercising its functions and powers under this Part (including the costs in respect of secretarial and support services provided to a board of inquiry by the EPA).

      (4) The Minister may recover from an applicant the actual and reasonable costs incurred by a board of inquiry in exercising its powers under this Part.

      (5) Section 36(3A) and (4) apply to the recovery of costs under subsections (1) to (4) as if the references to charges were references to the recovery of costs and, in relation to subsections (2) to (4) of that section, references to the local authority were references to the Minister.

      (6) A person may object under section 357B to a requirement to pay costs under any of subsections (1) to (4).

    149ZE Remuneration, allowances, and expenses of boards of inquiry
    • The Fees and Travelling Allowances Act 1951 applies to a board of inquiry appointed under section 149J as follows:

      • (a) the board is a statutory board within the meaning of the Act; and

      • (b) a member of the board may be paid the following, out of money appropriated by Parliament for the purpose, if the Minister so directs:

        • (i) remuneration by way of fees, salary, or allowances under the Act; and

        • (ii) travelling allowances and travelling expenses under the Act for time spent travelling in the service of the board; and

      • (c) the Act applies to payments under paragraph (b).