149P Consideration of matter by board

(1)

A board of inquiry considering a matter must—

(a)

have regard to the Minister’s reasons for making a direction in relation to the matter; and

(b)

consider any information provided to it by the EPA under section 149G; and

(c)

act in accordance with subsection (2), (3), (4), (5), (6), (7), (8), or (9) 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 comply with section 171(1A) as if it were a territorial authority; and

(b)

may—

(i)

cancel the requirement; or

(ii)

confirm the requirement; or

(iii)

confirm the requirement, but modify it 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 it 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, 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; and

(d)

must apply section 165H as if it were a regional council, if the matter involves a rule in a regional coastal plan or proposed regional coastal plan that relates to the allocation of space in a common marine and coastal area for the purposes of an activity.

(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.

(8)

A board of inquiry considering a plan change request and its concurrent application made under subpart 4 of Part 7A must—

(a)

firstly, determine matters in relation to the plan change request; and

(b)

secondly, determine matters in relation to the concurrent application, based on its determination of matters in relation to the plan change request.

(9)

For the purposes of subsection (8)(b), a board of inquiry must process, consider, and determine the concurrent application as if it were a regional council acting under section 165ZW and that section applies accordingly with all necessary modifications.

(10)

A board of inquiry must decline a concurrent application if, as a result of the board’s determination on the plan change request, the aquaculture activity that the concurrent application relates to remains a prohibited activity.

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

Section 149P(1)(c): amended, on 1 October 2011, by section 47(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 149P(6)(c): amended, on 4 September 2013, by section 28(1) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 149P(6)(d): inserted, on 4 September 2013, by section 28(2) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 149P(8): inserted, on 1 October 2011, by section 47(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 149P(9): inserted, on 1 October 2011, by section 47(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 149P(10): inserted, on 1 October 2011, by section 47(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).