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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

149K: How members appointed

You could also call this:

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

When the Minister appoints a board of inquiry under section 149J, they must follow these rules:

The Minister needs to ask the local authority for suggestions about who should be on the board. Even if the local authority suggests someone, the Minister can still choose other people to be on the board.

When picking board members, the Minister needs to think about what skills and knowledge the board needs. The board should have people who know about:

  • The Resource Management Act
  • The specific issue the board will look at
  • Māori customs and practices
  • The local community
  • How to manage witnesses during a hearing

The board also needs to have people with legal knowledge and technical experts who understand the issue being discussed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2417779.

Topics:
Government and voting > Government departments
Environment and resources > Town planning
Māori affairs > Treaty of Waitangi
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149J: Minister to appoint board of inquiry, or

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

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149KA: EPA may make administrative decisions, or

“The EPA can make simple choices or let the board decide about small tasks to help the inquiry run smoothly and quickly.”

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

149KHow members appointed

  1. The Minister must comply with this section when appointing a board of inquiry under section 149J.

  2. The Minister must seek suggestions for members of the board from the local authority.

  3. However, the Minister may appoint a person as a member of the board whether or not he or she receives a suggestion for the person under subsection (2).

  4. In appointing members, the Minister must consider the need for the board to have available to it, from its members,—

  5. knowledge, skill, and experience relating to—
    1. this Act; and
      1. the matter or type of matter that the board will be considering; and
        1. tikanga Māori; and
          1. the local community; and
            1. the exercise of control over the manner of examining and cross-examining witnesses; and
            2. legal expertise; and
              1. technical expertise in relation to the matter or type of matter that the board will be considering.

                Notes
                • Section 149K: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 149K(4): replaced, on , by section 88 of the Resource Legislation Amendment Act 2017 (2017 No 15).