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Resource Management Act 1991

Functions, powers, and duties of central and local government - Functions, powers, and duties of Ministers

24A: Power of Minister for the Environment to investigate and make recommendations

You could also call this:

“The Minister can check how councils are doing their job and tell them how to do it better.”

The Minister for the Environment can look into how a local authority is doing its job under this Act or its rules. If the Minister thinks the local authority isn’t doing something right, they can suggest ways to improve.

The Minister can also check if a local authority isn’t doing something they should be doing under the Act or its rules. If this happens, the Minister can tell the local authority what they need to do better.

If the local authority doesn’t follow the Minister’s advice, the Minister can take action. They can do this using section 25 or section 25A of the Act.

The Minister has these powers to make sure local authorities are doing their job properly and following the rules set out in the Resource Management Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM232539.

Topics:
Government and voting > Local councils
Environment and resources > Town planning
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24: Functions of Minister for the Environment, or

“The Minister for the Environment makes important decisions and keeps an eye on things to protect New Zealand's environment.”

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25: Residual powers of Minister for the Environment, or

“The Minister can step in and do the local authority's job if they're not doing it well enough.”

Part 4 Functions, powers, and duties of central and local government
Functions, powers, and duties of Ministers

24APower of Minister for the Environment to investigate and make recommendations

  1. The Minister for the Environment may—

  2. investigate the exercise or performance by a local authority of any of its functions, powers, or duties under this Act or regulations under this Act; and
    1. make recommendations to the local authority on its exercise or performance of those functions, powers, or duties; and
      1. investigate the failure or omission by a local authority to exercise or perform any of its functions, powers, or duties under this Act or regulations under this Act; and
        1. make recommendations to the local authority on its failure or omission to exercise or perform those functions, powers, or duties; and
          1. take action under section 25 or section 25A if the local authority's failure or omission to act on a recommendation gives the Minister grounds to take action under one or both of those sections.

            Notes
            • Section 24A: inserted, on , by section 7 of the Resource Management Amendment Act 2005 (2005 No 87).
            • Section 24A(a): amended, on , by section 23 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
            • Section 24A(c): amended, on , by section 23 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).