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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - EPA powers and duties relating to substantive application

93A: Directions to EPA

You could also call this:

"The Minister can give the EPA directions on how to do its job, but must follow rules and tell everyone."

Illustration for Fast-track Approvals Act 2024

The Minister can give the EPA general directions about how to do its job under this Act. You need to know that the Minister cannot give directions about certain things that the EPA must do independently. The Minister must tell everyone about the direction by putting it in the Gazette, on the EPA's website, and giving a copy to the House of Representatives. Before giving a direction, the Minister must follow the rules in section 115(1) of the Crown Entities Act 2004. The Minister has to be careful what they tell the EPA to do. The EPA has some jobs that it must do on its own, and the Minister cannot interfere with those 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=LMS1562875.

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Part 2Fast-track approvals process
Panel consideration of substantive application: EPA powers and duties relating to substantive application

93ADirections to EPA

  1. The Minister may give a general direction to the EPA in relation to the EPA’s performance and exercise of its functions, duties, and powers under this Act.

  2. Subsection (1) does not authorise the Minister to give a direction—

  3. in relation to a statutorily independent function of the EPA under this Act; or
    1. that requires the performance or exercise, or prevents the performance or exercise, of a particular function, duty, or power in relation to a particular person or substantive application.

      1. The Minister must—

      2. notify the direction in the Gazette; and
        1. make the direction available on an internet site administered by or on behalf of the EPA; and
          1. present a copy of the direction to the House of Representatives.

            1. Before giving a direction under subsection (1), the Minister must comply with section 115(1) of the Crown Entities Act 2004.

            2. In this section, statutorily independent function means—

            3. any function that this Act provides must be carried out independently; or
              1. any matter in respect of which this Act provides that Ministers of the Crown may not give directions.

                Notes
                • Section 93A: inserted, on , by section 43 of the Fast-track Approvals Amendment Act 2025 (2025 No 78).