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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, change, or variation

You could also call this:

“The Minister can ask a council to create or change a plan to help manage the environment.”

The Minister for the Environment can tell a regional council to prepare a plan, change a plan, or vary a proposed plan to deal with a resource management issue. This issue must relate to a function in section 30. The Minister can also tell the council which part of its region to focus on when preparing the plan, change, or variation. The Minister must give the council a reasonable amount of time to notify the plan, change, or variation. The Minister can also tell a territorial authority to prepare a change to its district plan or vary its proposed district plan to deal with a resource management issue. This issue must relate to a function in section 31. The Minister must give the authority a reasonable amount of time to notify the change or variation.

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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.

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Environment and resources > Town planning Environment and resources > Conservation
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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."

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

25AMinister may direct preparation of plan, 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.

                  Notes
                  • Section 25A: inserted, on , by section 8 of the Resource Management Amendment Act 2005 (2005 No 87).