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Resource Management Act 1991

Proposals of national significance - How matter decided if direction made to refer matter to board of inquiry or court - Matter decided by board of inquiry

149J: Minister to appoint board of inquiry

You could also call this:

"The Minister chooses a group to investigate and decide on important environmental matters."

If the Minister decides to refer a matter to a board of inquiry, you need to know what happens next. The Minister must appoint a board of inquiry as soon as possible after making this decision. This board will decide the matter and complete any other tasks related to it, including any appeals that might be filed in court.

The Minister must choose between 3 and 5 members for the board, and one of these members will be the chairperson. The chairperson might be a current, former, or retired Environment Judge or a retired High Court Judge. The Minister can also ask the EPA to suggest people to be on the board, or choose an EPA board member to be on the board of inquiry.

The Minister can set some rules about how the inquiry will be run. If you are a member of the board of inquiry, you will not be liable for anything you do or do not do in good faith while performing your duties.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417778.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Government departments
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149I: Limitation on withdrawal of change or variation, or

"Time limit to cancel a planned change or variation to a resource management rule"

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149K: How members appointed, or

"How the Minister chooses people for a board of inquiry"

Part 6AAProposals of national significance
How matter decided if direction made to refer matter to board of inquiry or court: Matter decided by board of inquiry

149JMinister to appoint board of inquiry

  1. This section applies if the Minister makes a direction under section 142(2)(a) or 147(1)(a) to refer a matter to a board of inquiry for decision.

  2. As soon as practicable after making the direction, the Minister must appoint a board of inquiry to decide the matter and to complete the performance or exercise of its functions, duties, and powers in relation to the matter (including any appeals in relation to the matter that are filed in any court).

  3. The Minister must appoint—

  4. no fewer than 3, but no more than 5, members; and
    1. 1 member as the chairperson, who may (but need not) be a current, former, or retired Environment Judge or a retired High Court Judge.

      1. The Minister may, if he or she considers it appropriate,—

      2. invite the EPA to nominate persons to be members of the board:
        1. appoint a member of the EPA board to be a member of the board of inquiry.

          1. The Minister may, as he or she sees fit, set terms of reference about administrative matters relating to the inquiry.

          2. A member of a board of inquiry is not liable for anything the member does, or omits to do, in good faith in performing or exercising the functions, duties, and powers of the board.

          Notes
          • Section 149J: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 149J(2): amended, on , by section 25 of the Resource Management Amendment Act 2013 (2013 No 63).
          • Section 149J(3)(b): amended, on , by section 87(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 149J(3A): inserted, on , by section 87(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 149J(3B): inserted, on , by section 87(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).