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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 decides where to send important cases after getting advice from the EPA.”

After the EPA gives the Minister a recommendation, the Minister can decide what to do next. You have three choices: send the matter to a board of inquiry, send it to the Environment Court, or send it back to the local authority.

The Minister can only send the matter to a board of inquiry or the Environment Court if they think it’s an important national issue. To decide if it’s important, the Minister has to follow some rules in section 142(3).

When making a decision, the Minister needs to think about what the applicant and local authority want, if the local authority can handle the matter, and what the EPA suggested.

The Minister’s decision must be written down, signed, and explain why they made that choice. The Minister doesn’t have to follow what the EPA suggested.

If someone has asked for a plan change and made an application at the same time under subpart 4 of Part 7A, the Minister’s decision must cover both of these.

The Minister can’t send the matter to the Environment Court if someone has asked for a new regional plan or wants to change a plan in certain ways.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235413.

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Part 6AA Proposals 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).