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Resource Management Act 1991

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

29: Delegation of functions by Ministers

You could also call this:

“Ministers can pass some of their jobs to others, like department heads or the Environmental Protection Authority.”

You need to know that a Minister can give some of their jobs to the chief executive of their department. This is done according to clause 5 of Schedule 6 of the Public Service Act 2020. The Minister cannot give away certain jobs, like certifying work or activities under section 4.

The chief executive can then give those jobs to someone else, following clauses 2 and 3 of Schedule 6 of the Public Service Act 2020. Any jobs that are given away can be taken back, as stated in clause 4 or 6 of Schedule 6 of the Public Service Act 2020.

A Minister can also give some of their jobs to the Environmental Protection Authority, but not all of them. For example, they cannot give away the job of deciding whether to make a direction under section 142(2) or 147(1). The Environmental Protection Authority can then give those jobs to someone else, but only with the Minister’s consent.

Any jobs that are given to the Environmental Protection Authority can be taken back at any time, as long as they are told in writing. This does not stop the Minister or the Environmental Protection Authority from doing the jobs themselves.

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

29Delegation of functions by Ministers

  1. Any Minister of the Crown may, either generally or particularly, delegate to the chief executive of that Minister's department in accordance with clause 5 of Schedule 6 of the Public Service Act 2020, any of that Minister's functions, powers, or duties under this Act other than the following:

  2. certifying any work or activity under section 4:
    1. appointing persons to exercise powers or perform functions or duties in place of a local authority under section 25:
      1. recommending the making of a national environmental standard under section 44:
        1. recommending the approval, change, or revocation of a national policy statement or a New Zealand coastal policy statement under section 52, 53, or 57:
          1. approving, changing, replacing, or revoking a national planning standard under section 58E or 58H, other than to make changes that have no more than a minor effect, correct obvious errors or omissions, or make similar technical changes:
            1. the following functions, powers, and duties under Part 6AA:
              1. deciding whether to make a direction under section 142(2) or 147(1) in relation to a matter that is or is part of a proposal of national significance:
                1. appointing a board of inquiry under section 149J to consider a matter for which a direction has been made under section 142(2) or 147(1)(a):
                  1. extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a)
                    1. deciding whether to intervene in a matter under section 149ZA:
                      1. deciding under section 149ZC whether to notify an application or notice of requirement to which section 149ZB applies:
                      2. recommending the making of an Order in Council under section 150C:
                        1. recommending the making of an Order in Council under section 165O:
                            1. approving an applicant as a requiring authority under section 167:
                              1. approving an applicant as a heritage protection authority under section 188:
                                1. recommending the issue or amendment of a water conservation order under section 214 or 216:
                                  1. recommending the appointment of an Environment Judge or alternate Environment Judge under section 250:
                                    1. recommending the appointment of the Chief Environment Court Judge under section 251:
                                      1. recommending the appointment of an Environment Commissioner or Deputy Environment Commissioner under section 254:
                                        1. recommending the making of regulations under section 360:
                                          1. approving a regional coastal plan under clause 19 of Schedule 1:
                                              1. this power of delegation.

                                                1. A chief executive may, in accordance with clauses 2 and 3 of Schedule 6 of the Public Service Act 2020, subdelegate any function, power, or duty delegated to him or her by a Minister under clause 5 of that schedule.

                                                2. Any delegation or subdelegation made under this section may be revoked in accordance with clause 4 or 6 of Schedule 6 of the Public Service Act 2020, as the case may be.

                                                3. The Minister may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties under section 24(f), Part 6AA, and sections 357B to 357D except the following:

                                                4. deciding whether to make a direction under section 142(2) or 147(1) in relation to a matter that is or is part of a proposal of national significance:
                                                  1. appointing a board of inquiry under section 149J to consider a matter for which a direction has been made under section 142(2) or 147(1)(a):
                                                    1. extending the time by which a board of inquiry must produce a final report on a matter for which a direction has been made under section 142(2) or 147(1)(a):
                                                      1. deciding whether to intervene in a matter under section 149ZA:
                                                        1. deciding under section 149ZC whether to notify an application or notice of requirement to which section 149ZB applies.

                                                          1. The Minister of Conservation may, in writing, delegate to the Environmental Protection Authority his or her functions, powers, and duties—

                                                          2. under section 149ZD(4); and
                                                            1. under sections 357B(b), 357C, and 357D, in relation to a delegation to which paragraph (a) applies.

                                                              1. The Environmental Protection Authority may, in writing and with the consent of the Minister of Conservation, delegate any of the functions, powers, and duties that the Minister has delegated to the Authority—

                                                              2. under section 149ZD(4); and
                                                                1. under sections 357B(b), 357C, and 357D, in relation to a delegation to which paragraph (a) applies.

                                                                  1. A delegation under subsection (4) or (4A)—

                                                                  2. is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and
                                                                    1. does not prevent the Minister from performing the functions or duties, or exercising the powers, concerned.

                                                                      1. A delegation under subsection (4B)—

                                                                      2. is revocable at will, but the revocation does not take effect until it is communicated in writing to the delegate; and
                                                                        1. does not prevent the Environmental Protection Authority from performing the functions or duties, or exercising the powers, concerned.

                                                                          Notes
                                                                          • Section 29(1): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                                                          • Section 29(1)(a): replaced, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(b): replaced, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(c): replaced, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(d): replaced, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(da): inserted, on , by section 11(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                                          • Section 29(1)(e): replaced, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(f): replaced, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(g): replaced, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(ga): repealed, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(h): replaced, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(i): inserted, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(j): inserted, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(k): inserted, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(l): inserted, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(l): amended, on , by section 8 of the Resource Management Amendment Act 2020 (2020 No 30).
                                                                          • Section 29(1)(m): inserted, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(n): inserted, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(o): inserted, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(1)(p): repealed, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                                                          • Section 29(1)(q): inserted, on , by section 27(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(2): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                                                          • Section 29(3): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                                                                          • Section 29(4): inserted, on , by section 27(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(4): amended, on , by section 5 of the Resource Management Amendment Act 2011 (2011 No 19).
                                                                          • Section 29(4A): inserted, on , by section 5(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                                                                          • Section 29(4B): inserted, on , by section 11(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                                          • Section 29(5): inserted, on , by section 27(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                                          • Section 29(5): amended, on , by section 5(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                                                                          • Section 29(6): inserted, on , by section 11(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).