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Resource Management Act 1991

Proposals of national significance - Miscellaneous provisions - Minister's powers to intervene in matter

149ZA: Minister's powers to intervene in matter

You could also call this:

“The Minister can step in and help make decisions about important projects”

The Minister can step in and take action on any matter whenever they want. They can do this in a few different ways. They can make a statement for the government about the matter. They can also choose someone to help the local council by giving them advice about the project. If there’s more than one matter about the same idea, and more than one local council is involved, the Minister can tell the councils to have a meeting together about these matters. If the local council chooses people to listen to the matter, the Minister can add another person to that group.

Before the Minister decides to do any of these things, they need to think about how important the matter is for the whole country. If the Minister tells councils to have a joint meeting, the councils must do it. The rules about how to have this kind of meeting are in section 102 of the law.

If the Minister adds a person to listen to the matter, that person has the same job and powers as the people the local council chose. Even if the matter came to the Minister through the Environmental Protection Authority (EPA), the Minister can still do any of these things. It doesn’t matter if the EPA gave the Minister any advice about the matter or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2418401.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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149Z: Local authority must process referred matter, or

“When the Minister asks a local authority to handle a matter, they must follow specific rules for processing it.”

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149ZB: How EPA must deal with certain applications and notices of requirement, or

“The EPA must suggest how to handle and share information about important projects that are connected to other big decisions.”

Part 6AA Proposals of national significance
Miscellaneous provisions: Minister's powers to intervene in matter

149ZAMinister's powers to intervene in matter

  1. The Minister may intervene in a matter at any time by exercising 1 or more of the following powers in relation to the matter:

  2. to make a submission on the matter for the Crown:
    1. to appoint a project co-ordinator for the matter to advise the local authority:
      1. if there is more than 1 matter that relates to the same proposal, and more than 1 local authority, to direct the local authorities to hold a joint hearing on the matters:
        1. if the local authority appoints 1 or more hearings commissioners for the matter, to appoint an additional commissioner for the matter.

          1. In deciding whether to act under subsection (1), the Minister must consider the extent to which the matter is or is part of a proposal of national significance.

          2. If the Minister makes a direction under subsection (1)(c),—

          3. the local authorities must hold the joint hearing; and
            1. section 102 applies, with the necessary modifications, to the hearing.

              1. If the Minister appoints a hearings commissioner under subsection (1)(d), the commissioner has the same powers, functions, and duties as the commissioner or commissioners appointed by the local authority.

              2. To avoid doubt, if the matter has come before the Minister by way of an application lodged with the EPA, the Minister may exercise the powers under subsection (1) in relation to the matter whether or not the EPA made any recommendations about the matter to the Minister under section 146(2).

              Notes
              • Section 149ZA: inserted, on , by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).