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Resource Management Act 1991

Water conservation orders

215: Minister's obligation to state reasons for not accepting recommendation

You could also call this:

“The Minister must explain why they didn't follow advice about protecting water”

If a special group or the Environment Court suggests making a water conservation order, but the Minister decides not to recommend it to the Governor-General, the Minister has to explain why. You need to know two things about this:

First, the Minister must give a written explanation to the House of Representatives within 20 sitting days after making the decision. This means the Minister has to tell the government why they didn’t agree with the suggestion.

Second, the Minister must also send a written explanation to the person who asked for the order and to everyone who shared their thoughts with the special group or the Environment Court. The Minister has to do this within 20 working days after making the decision.

These rules make sure the Minister tells everyone why they didn’t follow the recommendation for a water conservation order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236779.

Topics:
Environment and resources > Conservation
Government and voting > Government departments
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214: Making of water conservation order, or

“How the government makes rules to protect important water bodies”

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216: Revocation or variation of order, or

“This law explains how and when you can ask to change or cancel rules about protecting special water areas.”

Part 9 Water conservation orders

215Minister's obligation to state reasons for not accepting recommendation

  1. If a special tribunal reports under section 208, or the Environment Court recommends under section 213, that a water conservation order be made and the Minister decides not to recommend that the Governor-General make the order, then the Minister shall,—

  2. within 20 sitting days after making his or her decision, lay before the House of Representatives a written statement setting out the reasons for his or her decision; and
    1. within 20 working days after making his or her decision, serve on the applicant and every person who made a submission to the special tribunal or the Environment Court, such a written statement.

      Notes
      • Section 215: amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
      • Section 215(b): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).