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Resource Management Act 1991

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

25: Residual powers of Minister for the Environment

You could also call this:

"The Minister for the Environment can step in to help if a local council is not doing its job properly."

Illustration for Resource Management Act 1991

If a local authority is not doing its job properly under this Act, you might wonder what happens next. The Minister for the Environment can appoint someone to do the local authority's job if they think it's necessary to achieve the purpose of this Act. The Minister can choose who to appoint and set the terms and conditions for the appointment.

The Minister will not make this appointment until they have investigated the local authority under section 24A(a) or (c) and made recommendations to the local authority under section 24A(b) or (d). The local authority must also be given written notice explaining why the Minister wants to make the appointment.

The local authority then has a chance to show the Minister they can do their job properly, or to fix any problems within a certain time, which is at least 20 working days. If someone is appointed to do the local authority's job, they can act as if they were the local authority, and this Act still applies. You should know that the local authority has to pay for any costs the Minister or the appointed person incur while doing the local authority's job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM232541.

Topics:
Government and voting > Local councilsEnvironment and resources > Town planning
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24A: Power of Minister for the Environment to investigate and make recommendations, or

"The Minister checks if local councils are following the rules and gives advice on how to improve."

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"The Minister can ask a council to create or change a plan to help solve environmental issues."

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

25Residual powers of Minister for the Environment

  1. Where any local authority is not exercising or performing any of its functions, powers, or duties under this Act to the extent that the Minister for the Environment considers necessary to achieve the purpose of this Act, the Minister may appoint, on such terms and conditions as the Minister thinks fit, 1 or more persons (including any officer of the public service) to exercise or perform all or any of those functions, powers, or duties in place of the local authority.

  2. The Minister shall not make an appointment under subsection (1) until—

  3. the Minister has investigated the local authority under section 24A(a) or (c); and
    1. the Minister has made recommendations to the local authority under section 24A(b) or (d); and
      1. the local authority has been given written notice specifying the reasons why the Minister proposes to make the appointment; and
        1. the local authority has a reasonable opportunity to satisfy the Minister that it has not failed to exercise or perform any of its functions, powers, or duties to the extent necessary to achieve the purpose of this Act, and having not succeeded in so satisfying the Minister, has failed to take proper steps within a time specified in the notice (being not less than 20 working days after the date of the notice) to remedy the defaults complained of.

          1. Any person appointed under subsection (1) to exercise or perform the functions, powers, or duties of a local authority under this Act may do so as if the person were the local authority, and the provisions of this Act shall apply accordingly.

          2. All costs, charges, and expenses incurred by the Minister for the purposes of this section, or by a person appointed by the Minister under this section in exercising or performing functions, powers, or duties of a local authority, shall be recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable to the local authority by the Crown.

          Notes
          • Section 25(2)(aaa): inserted, on , by section 7 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
          • Section 25(2)(aab): inserted, on , by section 7 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).