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This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Planning Bill

Key roles - Ministerial intervention - Central government

204: Minister may direct local authority to achieve outcome

You could also call this:

"The Minister can instruct a local authority to take action to achieve a specific goal."

Illustration for Planning Bill

The Minister can tell a local authority what to do to achieve a certain outcome. You need to know the Minister can only do this if they have already looked into the local authority and made recommendations about the outcome. The Minister does not have to do this if they have good reason to think the local authority is not doing its job. The Minister can decide what to do if a local authority is not following the rules. The Minister has some power to make decisions about local authorities. The proposed law says the Minister can give directions to local authorities. The proposed law is trying to make sure local authorities do their jobs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557660.

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Topics:
Government and voting > Local councilsEnvironment and resources > Town planning
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203: Minister may direct preparation of plan, document, change, or variation, or

"The Minister can ask a council to create or change a plan to follow the rules."

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205: Minister may direct commencement of review, or

"The Minister can ask a council to review its land use plan and gives them a fair time to start."

Part 5Key roles
Ministerial intervention: Central government

204Minister may direct local authority to achieve outcome

  1. The Minister may direct a local authority to take any action that the Minister considers necessary to achieve an outcome specified by the Minister in the direction.

  2. However, the Minister must not issue a direction under subsection (1) unless—

  3. the Minister has investigated the local authority under section 201(1)(a) or (c) in relation to the outcome; and
    1. the Minister has made recommendations to the local authority under section 201(1)(b) or (d) in relation to the outcome.

      1. The Minister is not required to comply with the requirement in subsection (2)(a) if the Minister has reasonable evidence that a local authority is not exercising or performing the relevant functions, powers, or duties under this Act.

      2. In subsection (3), reasonable evidence means—

      3. the local authority has published 1 or more of the following, which establish that it does not intend to exercise or perform the relevant functions, powers, or duties:
        1. a resolution:
          1. a written statutory document; or
          2. there is evidence of the local authority’s failure to comply with statutory time frames in the Act.