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Resource Management Act 1991

Proposals of national significance - Minister may make direction in relation to matter - Matter lodged with local authority

142: Minister may call in matter that is or is part of proposal of national significance

You could also call this:

“The government can step in and decide on big projects that affect the whole country.”

When someone submits a matter to a local authority, the Minister can decide to handle it personally if they think it’s important for the whole country. This is called “calling in” the matter.

The Minister can do this on their own or if someone asks them to. If the Minister thinks the matter is nationally significant, they can send it to a board of inquiry or the Environment Court to make a decision.

To decide if something is nationally important, the Minister can look at many things. These might include if lots of people are worried about it, if it uses a lot of natural resources, or if it affects something important to the whole country.

The Minister must think about what the person who submitted the matter and the local authority think. They also need to consider if the local authority can handle the matter themselves.

If the Minister decides to call in a matter, they must write down their reasons. If someone asks the Minister to call in a matter and the Minister says no, they have to tell the local authority and the person who asked.

The Minister can make a different decision from what the Environmental Protection Authority (EPA) suggests. However, there are some cases where the Minister can’t send the matter to the Environment Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235402.

Topics:
Environment and resources > Land use
Environment and resources > Town planning
Government and voting > Local councils
Government and voting > Government departments
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Part 6AA Proposals of national significance
Minister may make direction in relation to matter: Matter lodged with local authority

142Minister may call in matter that is or is part of proposal of national significance

  1. This section applies if a matter has been lodged with a local authority and—

  2. the Minister, at his or her own initiative, decides to apply this section; or
    1. the Minister receives a request from an applicant or a local authority to make a direction for the matter under subsection (2).

      1. If the Minister considers that a matter is or is part of a proposal of national significance, the Minister may call in the matter by making a direction to—

      2. refer the matter to a board of inquiry for decision; or
        1. refer the matter to the Environment Court for decision.

          1. In deciding whether a matter is, or is part of, a proposal of national significance, the Minister may have regard to—

          2. any relevant factor, including whether the matter—
            1. has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment); or
              1. involves or is likely to involve significant use of natural and physical resources; or
                1. affects or is likely to affect a structure, feature, place, or area of national significance; or
                  1. gives effect to a national policy statement and is one that is specified in any of paragraphs (c) to (f) and (j) to (m) of the definition of matter in section 141; or
                    1. affects or is likely to affect or is relevant to New Zealand's international obligations to the global environment; or
                      1. results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment); or
                        1. involves or is likely to involve technology, processes, or methods that are new to New Zealand and that may affect its environment; or
                          1. is or is likely to be significant in terms of section 8; or
                            1. will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions; or
                              1. affects or is likely to affect more than 1 region or district; or
                                1. relates to a network utility operation that extends or is proposed to extend to more than 1 district or region; and
                                2. any advice provided by the EPA.

                                  1. In deciding whether to make a direction under subsection (2), the Minister must have regard to—

                                  2. the views of the applicant and the local authority; and
                                    1. the capacity of the local authority to process the matter; and
                                      1. the recommendations of the EPA.

                                        1. A direction made under subsection (2) must—

                                        2. be in writing and be signed by the Minister; and
                                          1. state the Minister's reasons for making the direction.

                                            1. If a local authority or an applicant requests the Minister to call in a matter (by making a direction under subsection (2)) and the Minister decides not to do so, the EPA must give notice of the Minister's decision to the local authority and the applicant.

                                            2. When requesting the Minister to call in a matter (by making a direction under subsection (2)), a local authority or an applicant must at the same time serve the other party (the local authority or the applicant, as the case may be) with notice of the request.

                                            3. To avoid doubt, the Minister may make a direction under subsection (2) that differs from the direction recommended by the EPA under section 144A.

                                            4. The Minister must not make a direction under subsection (2)(b) if section 149C(2)(a) or (b) applies (which relates to a request for the preparation of a regional plan or a request for a change to a plan or regional policy statement).

                                            Notes
                                            • Section 142: replaced, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                            • Section 142(3): replaced, on , by section 10(1) of the Resource Management Amendment Act 2011 (2011 No 19).
                                            • Section 142(3)(a)(iiia): inserted, on , by section 81 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                            • Section 142(3)(a)(iiia): amended, on , by section 42(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                                            • Section 142(4)(b): amended, on , by section 10(2) of the Resource Management Amendment Act 2011 (2011 No 19).
                                            • Section 142(4)(c): inserted, on , by section 10(2) of the Resource Management Amendment Act 2011 (2011 No 19).
                                            • Section 142(6A): inserted, on , by section 21(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                                            • Section 142(7): inserted, on , by section 10(3) of the Resource Management Amendment Act 2011 (2011 No 19).
                                            • Section 142(8): inserted, on , by section 21(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                                            • Section 142(8): amended, on , by section 42(2) of the Resource Management Amendment Act 2020 (2020 No 30).