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Natural Environment Bill

Key roles - Functions and powers of central and local government

217: Minister may direct preparation of plan, document, change, or variation

You could also call this:

"The Minister can ask a council to create or change a plan to help the environment."

Illustration for Natural Environment Bill

The Minister can tell a regional council to make a plan or document to fix a problem with the natural environment. The Minister can also tell the council to change or vary its plan to fix the problem. The Minister must give the council a reasonable amount of time to do this. The Minister can only give this direction if they have already looked into the problem and made recommendations to the council. The Minister has to follow certain rules when giving directions to the council. The Minister must say how long the council has to notify the plan, change, or variation. If a council is not doing its job, the Minister can give a direction without following all the usual rules. The Minister can do this if the council has said it does not intend to do its job or if it has not met deadlines. The Minister can also tell a council to prepare a document or amend one if it has not done so as required. The Minister can direct a council to make a plan change or variation to fix a problem with a national direction. The Minister must give the council a reasonable amount of time to notify the plan change or variation. The Minister can only give this direction if they have already looked into the problem and made recommendations to the council, as stated in section 201(1)(c) of the Planning Act 2025 and section 201(1)(d) of the Planning Act 2025.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557554.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningGovernment and voting > Local councils
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"The Minister's Extra Powers to Protect the Environment"

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Part 5Key roles
Functions and powers of central and local government

217Minister may direct preparation of plan, document, change, or variation

  1. The Minister—

  2. may direct a regional council—
    1. to prepare a natural environment plan that addresses a natural resource issue relating to a function in section 224; or
      1. to prepare a change to its natural environment plan that addresses the issue; or
        1. to prepare a variation to its proposed natural environment plan that addresses the issue; and
        2. may direct the council, in preparing the plan, change, or variation, to deal with the whole or a specified part of the council's region; and
          1. must, in giving a direction, specify a reasonable period within which the plan, change, or variation must be notified.

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

            2. the Minister has investigated the regional council under section 201(1)(a) or (c) of the Planning Act 2025 in relation to the natural resource issue; and
              1. the Minister has made recommendations to the regional council under section 201(1)(b) or (d) of the Planning Act 2025 in relation to the natural resource issue.

                1. The Minister is not required to comply with the requirement in subsection (3)(a) if the Minister has reasonable evidence that a regional council is not exercising or performing the relevant functions, powers, or duties under this Act.

                2. In subsection (4), reasonable evidence means—

                3. the regional council has published 1 or more of the following that 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 regional council’s failure to comply with statutory time frames in this Act.

                      1. If a national direction requires a regional council to prepare a document other than a plan or policy statement and the council has not prepared the document as required, the Minister—

                      2. may direct the council to—
                        1. prepare the document; or
                          1. amend the document to meet the requirements of the national direction; and
                          2. must, in giving a direction, specify a reasonable period within which the document must be prepared or amended.

                            1. The Minister—

                            2. may direct a regional council to—
                              1. prepare a plan change or variation to address any non-compliance with a national direction; and
                                1. use the planning process under this Act to prepare the plan change or variation; and
                                2. must, in giving a direction, specify a reasonable period within which the plan change or variation must be notified.

                                  1. However, the Minister must not make a direction under subsection (6) or (7) unless—

                                  2. the Minister has investigated the regional council under section 201(1)(c) of the Planning Act 2025 in relation to the non-compliance with the national policy statement; and
                                    1. the Minister has made recommendations to the regional council under section 201(1)(d) of the Planning Act 2025 in relation to that non-compliance.