Resource Management Act 1991

If you need more information about this Act, please contact the administering agency: Ministry for the Environment
149S Minister may extend time by which board must report

(1)

Despite section 149R(2), 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—

(i)

the day on which the EPA gives public notice under section 149C of the Minister’s direction under section 142(2) or 147(1)(a) in relation to the matter, unless subparagraph (ii) or (iii) applies; or

(ii)

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

(iii)

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

(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.

(3A)

For the purposes of subsection (2)(b), the period of 18 months excludes any time while an inquiry is suspended under section 149ZG(3) (as calculated from the date of notification of suspension under section 149ZG(5) to the date of notification of resumption under section 149ZG(5)).

(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 person who made a submission on the matter.

(5)

The EPA must, on request by a board of inquiry, request the Minister to grant an extension under subsection (1) in relation to any matter before the board.

(6)

Subsection (5) does not limit subsection (1).

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

Section 149S(3A): inserted, on 19 April 2017, by section 95 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 149S(5): inserted, on 4 September 2013, by section 31 of the Resource Management Amendment Act 2013 (2013 No 63).

Section 149S(6): inserted, on 4 September 2013, by section 31 of the Resource Management Amendment Act 2013 (2013 No 63).