The Minister may, after consulting the other relevant portfolio Ministers, appoint any of the following to be the panel convener for the purposes of this Act:

The panel convener is appointed for a term determined by the Minister.

The Minister may at any time remove the panel convener for just cause (within the meaning of clause 9(3)), and clause 9(2) applies with any necessary modifications.

The panel convener may resign their office at any time by notice in writing to the Minister.

The panel convener, unless they earlier resign or are removed from office under subclause (3), continues in office until their successor is appointed by the Minister.

The Minister may, after consulting the other relevant portfolio Ministers, appoint any of the following to be an associate panel convener for the purposes of this Act:

An associate panel convener is appointed for a term determined by the Minister.

The Minister may at any time remove an associate panel convener for just cause (within the meaning of clause 9(3)), and clause 9(2) applies with any necessary modifications.

An associate panel convener may resign their office at any time by notice in writing to the Minister.

The panel convener may, in consultation with the Minister,—

A revocation under subclause (5)(b) does not take effect until it is communicated in writing to the associate panel convener.

A delegation under subclause (5) does not prevent the panel convener from performing or exercising the functions, duties, or powers concerned.

The panel convener may appoint up to 4 persons to be members of a panel set up to consider, and make decisions on the approvals sought in, 1 or more substantive applications.

Before appointing the members of a panel, the panel convener may, but need not, consult—

The membership of a panel must include 1 person nominated by the relevant local authorities.

The person nominated by the relevant local authorities may, but need not, be an elected member of any of the local authorities.

If the relevant local authorities nominate more than 1 person for appointment as a panel member, the panel convener must decide which one of those nominees is to be appointed as a panel member.

If the relevant local authorities do not make a nomination under subclause (3), the panel convener must appoint a person with the appropriate skills and experience to be a member of the panel (see clause 7(1)).

Despite the limit specified on the membership by subclause (1), that number may be exceeded (including by the appointment of more than 1 person nominated under subclause (3)), at the discretion of the panel convener, if warranted by, or required to accommodate,—

If a substantive application seeks an approval described in section 42(4)(k) (marine consent), the relevant local authorities for the purposes of this clause are,—

The members of a panel are appointed to perform and exercise the functions, duties, or powers of a panel in relation to the substantive application for which they have been appointed (including any appeals in relation to any approvals sought in the application).

This clause is subject to clause 7 (which imposes requirements regarding the qualifications of individual panel members and the collective knowledge and experience of the panel).

The panel convener must appoint, as one of the members appointed under clause 3, a suitably qualified lawyer or planner with experience in relevant law to be the chairperson of a panel.

However, the panel convener may act as the chairperson of a panel instead of appointing another person as chairperson of the panel.

Despite subclauses (1) and (2), the panel convener may, if the circumstances require it, appoint a person who is accredited under section 39A of the Resource Management Act 1991 to be the chairperson of a panel.

In the event of an equality of votes, the chairperson of the panel has a casting vote.

A panel has a quorum of 3 members.

The panel may modify the requirements in subclauses (4) and (5) to provide for—

The panel convener may, but need not, consult the Minister before performing a duty or exercising a power referred to in subclause (1), (2), (3), or (6).

This clause applies if any Treaty settlement Act, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, or any other iwi participation legislation, or any Mana Whakahono a Rohe or joint management agreement, includes procedural arrangements relating to the appointment of a decision-making body for hearings and other procedural matters, such as the following:

The panel convener or panel must—

The party referred to in subclause (2)(b) may not unreasonably withhold their agreement to a modified arrangement (as described in that subclause).

If the panel convener or panel are unable to obtain agreement under subclause (2)(b) (in circumstances where that agreement is not unreasonably withheld) they must stop processing the substantive application and must direct the EPA to return the application to the applicant immediately.

The panel must also direct the EPA to give written notice to the following that processing of the substantive application has stopped:

The panel and a person referred to in subclause (5)(b) or (c) must stop processing the substantive application if they receive notice of the stoppage.

The panel convener may, at any time and in consultation with the Minister, appoint a new member to replace a member who is removed under clause 9 or who resigns or dies.

The members of a panel—

A person is not ineligible for appointment as a panel member by reason only that the person is a member of a particular iwi or hapū (including an iwi or a hapū that is represented by an iwi authority that must be invited by the panel to comment on the application).

The panel convener and members of the panel are entitled—

For the purposes of subclause (1), fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

The panel convener may remove any person appointed to a panel under this schedule for just cause.

The person may be removed with as little formality and technicality, and as much expedition, as is permitted by—

In this clause, just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of duty (depending on the seriousness of the breach).

A member of the panel may resign at any time as a member by notice in writing to the panel convener.

A panel must regulate its own procedure as it thinks appropriate, without procedural formality, and in a manner that best promotes the just and timely determination of the approvals sought in a substantive application.

A panel may appoint a special adviser to assist the panel with a substantive application in relation to any matters the panel may determine.

A panel may, at any time, appoint technical advisers, including from a department, Crown entity, or relevant local authority, as it thinks appropriate.

A panel may use or allow any remote access facility that will assist in the determination of the approvals sought in a substantive application.

A panel must keep a full record of its proceedings.

This clause is subject to section 57 and any other provisions of this Act that are relevant to the procedure of a panel.

When a panel is assessing a proposed approval under the Resource Management Act 1991, section 42 of that Act applies with any necessary modifications, as if the panel were a board of inquiry given authority to conduct a hearing under section 149J of that Act.

The EPA must provide advice and secretariat support to—

A relevant local authority must assist the panel by providing advice within the knowledge of the authority, if requested by the panel.

The panel convener and members appointed to a panel are not liable for anything that the panel convener or a member does or omits to do in good faith in performing or exercising the functions, duties, or powers of the panel.