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Waste Minimisation Act 2008

Responsibilities of territorial authorities in relation to waste management and minimisation - Waste management and minimisation plans

48: Governor-General may give directions to territorial authority

You could also call this:

"The Governor-General can instruct local councils on their waste plans"

Illustration for Waste Minimisation Act 2008

The Governor-General can tell a territorial authority what to do with its waste management and minimisation plan. You might wonder what this means - the Governor-General is a person who represents the government, and a territorial authority is a group of people who make decisions for a local area. The Governor-General can say what should be added, removed, or changed in the plan, but only if the Minister recommends it.

The Minister will only make this recommendation if they think the territorial authority's plan is not good enough to manage waste properly, or if the changes will help achieve the New Zealand Waste Strategy, which is a plan to manage waste in New Zealand.

If the Governor-General gives a direction, the territorial authority must make the changes as soon as possible. There are rules about how these changes are made, and you can find more information about this in the Legislation Act 2019, which is a law that explains how laws are made and changed in New Zealand.

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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=DLM1154625.

Topics:
Environment and resources > ConservationEnvironment and resources > Waste managementGovernment and voting > Local councils
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"Getting money from the council to help reduce waste"

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Part 4Responsibilities of territorial authorities in relation to waste management and minimisation
Waste management and minimisation plans

48Governor-General may give directions to territorial authority

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, direct a territorial authority to include, omit, or amend 1 or more provisions in its waste management and minimisation plan.

  2. The Minister must not make a recommendation under subsection (1) unless he or she is satisfied that—

  3. the territorial authority's waste management and minimisation plan is inadequate to promote effective and efficient waste management and minimisation within its district; or
    1. the proposed changes to the waste management and minimisation plan will achieve or assist in achieving the New Zealand Waste Strategy, or any government policy on waste management and minimisation that replaces the strategy.

      1. A territorial authority must, as soon as practicable, amend its waste management and minimisation plan to give effect to a direction given to it under subsection (1).

      2. Section 44 does not apply to an amendment to a waste management and minimisation plan made under this section.

      3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      Notes
      • Section 48(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).