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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 picks a group of people to make decisions about important matters”

When the Minister decides to send a matter to a board of inquiry, they must quickly set up this board to make a decision. The board will handle everything about the matter, including any court appeals.

The Minister chooses the board members. There must be at least 3 people, but no more than 5. One person is picked to be the leader, called the chairperson. This person can be a current or former judge, but doesn’t have to be.

If the Minister wants to, they can ask the Environmental Protection Authority (EPA) to suggest people for the board. The Minister can also put a member of the EPA board on the inquiry board.

The Minister can give the board some rules about how to run their inquiry.

If you’re on the board, you won’t get in trouble for anything you do or don’t do, as long as you’re trying your best to do your job properly.

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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 > Conservation
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“The Minister chooses people with different skills to help make decisions about important matters.”

Part 6AA 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

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).