Resource Management Act 1991

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

147: Minister makes direction after EPA recommendation

You could also call this:

"The Minister makes a decision after getting advice from the EPA, and they write down why they made that choice."

The Minister gets a recommendation from the EPA under section 146 and then you might see the Minister make a decision. The Minister can decide to send the matter to a board of inquiry, the Environment Court, or the local authority. You will see the Minister make this decision in writing and they must sign it.

The Minister thinks about a few things when making this decision, like what the person who applied thinks, what the local authority thinks, and what the EPA recommends. The Minister must also consider if the matter is a big deal for the whole country. If it is, the Minister can send it to a board of inquiry or the Environment Court, but only if they think it is a proposal of national significance.

When the Minister makes a decision, they must write it down and sign it, and they must say why they made that decision. The Minister can make a decision that is different from what the EPA recommended under section 146(1). You should know that the Minister follows section 142(3) when deciding if a matter is of national significance.

The Minister cannot make a certain decision if section 149C(2)(a) or (b) applies, which is about regional plans. If someone asks for a plan change and also makes an application, the Minister's decision must be about both things, as stated in subpart 4 of Part 7A.

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"The EPA tells the Minister what to do about an issue, and they must do this within 20 working days."


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"Rules for big plans that affect New Zealand's coastal marine area"

Part 6AAProposals of national significance
Minister may make direction in relation to matter: Matter lodged with EPA

147Minister makes direction after EPA recommendation

  1. After the Minister receives a recommendation from the EPA under section 146, he or she may make 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; or
      1. refer the matter to the local authority.
        1. The Minister may make a direction under subsection (1)(a) or (b) only if he or she considers that the matter is or is part of a proposal of national significance.

        2. The Minister must apply section 142(3) in deciding whether the matter is or is part of a proposal of national significance.

        3. In deciding on making a direction under subsection (1), the Minister must have regard to—

        4. 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 (1) must—

              2. be in writing and be signed by the Minister; and
                1. state the Minister's reasons for making the direction.
                  1. To avoid doubt, the Minister may make a direction under subsection (1) that differs from the direction recommended by the EPA under section 146(1).

                  2. For the purposes of a plan change request made, and a concurrent application lodged, under subpart 4 of Part 7A, a direction given under this section must relate to both.

                  3. The Minister must not make a direction under subsection (1)(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).

                  Notes
                  • Section 147: replaced, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 147(7): inserted, on , by section 39 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                  • Section 147(8): inserted, on , by section 23 of the Resource Management Amendment Act 2013 (2013 No 63).