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Resource Management Act 1991

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

25A: Minister may direct preparation of plan, document, change, or variation

You could also call this:

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

Illustration for Resource Management Act 1991

The Minister for the Environment can tell a regional council to prepare a plan that deals with a resource management issue. This issue is related to a function in section 30. The Minister can also tell the council to prepare a change or variation to its plan to address the issue. The Minister must give the council a reasonable amount of time to notify the plan, change, or variation. The Minister can tell the council to deal with the whole region or just a part of it.

The Minister can also tell a territorial authority to prepare a change to its district plan to address a resource management issue. This issue is related to a function in section 31. The Minister must give the authority a reasonable amount of time to notify the change. The Minister can only give these directions if they have investigated the authority and made recommendations to it.

If a national policy statement requires a local authority to prepare a document and it has not done so, the Minister can tell the authority to prepare or amend the document. The Minister must give the authority a reasonable amount of time to do this. The Minister can also tell a local authority to prepare a plan change or variation to address any non-compliance with a national policy statement.

The Minister must investigate the authority and make recommendations to it before giving these directions. The Minister must give the authority a reasonable amount of time to notify the plan change or variation. You can find more information about the Minister's powers in the Resource Management Act 1991.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM232542.

Topics:
Environment and resources > Town planningEnvironment and resources > Conservation
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25: Residual powers of Minister for the Environment, or

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

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25B: Ministers may direct commencement of review, or

"The Government can ask councils to review their plans and must give them a reasonable time to start."

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

25AMinister may direct preparation of plan, document, change, or variation

  1. The Minister for the Environment—

  2. may direct a regional council—
    1. to prepare a regional plan that addresses a resource management issue relating to a function in section 30; or
      1. to prepare a change to its regional plan that addresses the issue; or
        1. to prepare a variation to its proposed regional plan that addresses the issue; and
        2. may direct the council, in preparing the plan, change, or variation, to deal with the whole or a specified part of the council's region; and
          1. must, in giving a direction, specify a reasonable period within which the plan, change, or variation must be notified.

            1. The Minister—

            2. may direct a territorial authority—
              1. to prepare a change to its district plan that addresses a resource management issue relating to a function in section 31; or
                1. to prepare a variation to its proposed district plan that addresses the issue; and
                2. must, in giving a direction, specify a reasonable period within which the change or variation must be notified.

                  1. However, the Minister must not issue a direction under subsection (1) or (2) unless—

                  2. the Minister has investigated the local authority under section 24A(a) or (c) in relation to the resource management issue; and
                    1. the Minister has made recommendations to the local authority under section 24A(b) or (d) in relation to the resource management issue.

                      1. If a national policy statement requires a local authority to prepare a document other than a plan or policy statement and the authority has not prepared the document as required, the Minister—

                      2. may direct the authority to—
                        1. prepare the document; or
                          1. amend the document to meet the requirements of the national policy statement; and
                          2. must, in giving a direction, specify a reasonable period within which the document must be prepared or amended.

                            1. The Minister—

                            2. may direct a local authority to—
                              1. prepare a plan change or variation to address any non-compliance with a national policy statement; and
                                1. use a planning process under this Act to prepare the plan change or variation; and
                                2. must, in giving a direction, specify a reasonable period within which the plan change or variation must be notified.

                                  1. However, the Minister must not make a direction under subsection (4) or (5) unless—

                                  2. the Minister has investigated the local authority under section 24A(c) in relation to the non-compliance with the national policy statement; and
                                    1. the Minister has made recommendations to the local authority under section 24A(d) in relation to that non-compliance.

                                      Notes
                                      • Section 25A: inserted, on , by section 8 of the Resource Management Amendment Act 2005 (2005 No 87).
                                      • Section 25A heading: amended, on , by section 8(1) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                                      • Section 25A(3): inserted, on , by section 8(2) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                                      • Section 25A(4): inserted, on , by section 8(2) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                                      • Section 25A(5): inserted, on , by section 8(2) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                                      • Section 25A(6): inserted, on , by section 8(2) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).