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:

"When to Let the Minister Help Make Big Decisions"

The Minister can step in on a matter at any time by using one or more of their powers. You can think of these powers like special tools the Minister can use to help make decisions. The Minister can make a submission on the matter, which means they can give their opinion on it. They can also appoint a project co-ordinator to advise the local authority, which is like a council that makes decisions for a local area.

The Minister can direct local authorities to hold a joint hearing if there are multiple matters related to the same proposal and multiple local authorities are involved. They can also appoint an additional hearings commissioner if the local authority has already appointed one or more. When deciding whether to use these powers, the Minister must think about how important the matter is to the whole country.

If the Minister tells local authorities to hold a joint hearing, they must do so, and they must follow the rules outlined in section 102. If the Minister appoints a hearings commissioner, that commissioner has the same powers and duties as the ones appointed by the local authority. The Minister can use these powers even if the matter came to them through an application to the EPA, and regardless of whether the EPA made any recommendations about the matter under section 146(2).

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This page was last updated on 19 May 2025

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

Topics:

Government and voting > Government departmentsEnvironment and resources > Town planning

149Z: Local authority must process referred matter, or

"Council must deal with matters sent to them by the EPA."

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

"EPA's rules for dealing with big projects and important applications that affect the country."

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

149ZAMinister's powers to intervene in matter

The Minister may intervene in a matter at any time by exercising 1 or more of the following powers in relation to the matter:
to make a submission on the matter for the Crown:
to appoint a project co-ordinator for the matter to advise the local authority:
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:
if the local authority appoints 1 or more hearings commissioners for the matter, to appoint an additional commissioner for the matter.

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.
If the Minister makes a direction under subsection (1)(c),—
the local authorities must hold the joint hearing; and
section 102 applies, with the necessary modifications, to the hearing.

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.
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 1 October 2009, by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).