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:

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

When the Minister appoints a board of inquiry under section 149J, they must follow certain rules. The Minister must ask the local authority for suggestions on who to appoint to the board. The Minister can choose anyone to be on the board, even if the local authority did not suggest that person.

The Minister must think about what skills and knowledge the board needs to make good decisions. This includes knowing about the Resource Management Act, the local community, and tikanga Māori. The Minister must also consider whether the board needs people with legal or technical expertise.

The Minister wants to make sure the board has the right people to examine and cross-examine witnesses properly.

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This page was last updated on

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


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149J: Minister to appoint board of inquiry, or

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

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).