Environment Act 1986

Parliamentary Commissioner for the Environment - Functions and powers

16: Functions of Commissioner

You could also call this:

"The Commissioner's Job is to Protect the Environment"

You have a role in looking after the environment. The Commissioner's job is to help keep the environment healthy. The Commissioner checks how well the system for managing natural resources works and reports back to the House of Representatives. You can think of the House of Representatives like a big group of people who make decisions for the country. The Commissioner also investigates if the environment is being harmed and advises people on what to do to stop the harm. They look into matters that affect the environment and tell the House of Representatives what they find. The Commissioner can also be asked to report on things that might affect the environment, like petitions or bills. The Commissioner has the power to collect and share information about the environment. They encourage people to take care of the environment and to take action to protect it. If the House of Representatives asks the Commissioner to investigate something, they have the same powers as a commission of inquiry, as stated in the Commissions of Inquiry Act 1908, specifically section 4 and sections 4B to 9. This means they can do things like gather evidence and talk to people involved. The Commissioner is also protected in the same way as a District Court Judge when they are doing their job, so they can make decisions without worrying about being sued.

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This page was last updated on 31 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM99748.

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Government departments

15: Superannuation, or

"Pension benefits for government workers"

17: Matters to which regard to be given, or

"Things the Commissioner Must Consider to Protect the Environment"

Part 1Parliamentary Commissioner for the Environment
Functions and powers

16Functions of Commissioner

The functions of the Commissioner shall be—
with the objective of maintaining and improving the quality of the environment, to review from time to time the system of agencies and processes established by the Government to manage the allocation, use, and preservation of natural and physical resources, and to report the results of any such review to the House of Representatives and to such other bodies or persons as the Commissioner considers appropriate:
where the Commissioner considers it necessary, to investigate the effectiveness of environmental planning and environmental management carried out by public authorities, and advise them on any remedial action the Commissioner considers desirable:
to—
1. investigate any matter in respect of which, in the Commissioner's opinion, the environment may be or has been adversely affected, whether through natural causes or as a result of the acts or omissions of any person or body, to an extent which the Commissioner considers warrants investigation; and
2. advise, where necessary, the appropriate public authority and any other person or body the Commissioner thinks appropriate of the preventive measures or remedial action which the Commissioner considers should be taken; and
3. report the results of the investigation to the House of Representatives:
at the request of the House of Representatives or any select committee of the House of Representatives, to report to the House or committee on any petition, Bill, or other matter before the House or committee the subject matter of which may have a significant effect on the environment:
on the direction of the House of Representatives, to inquire into any matter that has had or may have a substantial and damaging effect on the environment, and to report the results of the inquiry to the House:
to undertake and encourage the collection and dissemination of information relating to the environment:
to encourage preventive measures and remedial actions for the protection of the environment.

For the purposes of any inquiry held under subsection (1)(e), the Commissioner shall have the same powers as are conferred on commissions of inquiry by section 4 and sections 4B to 9 of the Commissions of Inquiry Act 1908; and those sections shall apply to all persons involved in any capacity in any such inquiry as if it were an inquiry conducted by a Commission under that Act.
The Commissioner shall have, in relation to any such inquiry, and any report on the results of the inquiry, the same immunities and privileges as are possessed by a District Court Judge in the exercise of the Judge's civil jurisdiction.