Resource Management Act 1991

142 Minister may call in matter that is or is part of proposal of national significance

• (1) This section applies if a matter has been lodged with a local authority and—

  • (a) the Minister, at his or her own initiative, decides to apply this section; or

  • (b) the Minister receives a request from an applicant or a local authority to make a direction for the matter under subsection (2).

  (2) If the Minister considers that a matter is or is part of a proposal of national significance, the Minister may call in the matter by making a direction to—

  • (a) refer the matter to a board of inquiry for decision; or

  • (b) refer the matter to the Environment Court for decision.

  (3) In deciding whether a matter is, or is part of, a proposal of national significance, the Minister may have regard to—

  • (a) any relevant factor, including whether the matter—

    • (i) has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment); or

    • (ii) involves or is likely to involve significant use of natural and physical resources; or

    • (iii) affects or is likely to affect a structure, feature, place, or area of national significance; or

    • (iv) affects or is likely to affect or is relevant to New Zealand's international obligations to the global environment; or

    • (v) results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment); or

    • (vi) involves or is likely to involve technology, processes, or methods that are new to New Zealand and that may affect its environment; or

    • (vii) is or is likely to be significant in terms of section 8; or

    • (viii) will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions; or

    • (ix) affects or is likely to affect more than 1 region or district; or

    • (x) relates to a network utility operation that extends or is proposed to extend to more than 1 district or region; and

  • (b) any advice provided by the EPA.

  (4) In deciding whether to make a direction under subsection (2), the Minister must have regard to—

  • (a) the views of the applicant and the local authority; and

  • (b) the capacity of the local authority to process the matter; and

  • (c) the recommendations of the EPA.

  (5) A direction made under subsection (2) must—

  • (a) be in writing and be signed by the Minister; and

  • (b) state the Minister's reasons for making the direction.

  (6) If a local authority or an applicant requests the Minister to call in a matter (by making a direction under subsection (2)) and the Minister decides not to do so, the EPA must give notice of the Minister's decision to the local authority and the applicant.

  (7) To avoid doubt, the Minister may make a direction under subsection (2) that differs from the direction recommended by the EPA under section 144A.

  Section 142: substituted, on 1 October 2009, by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 142(3): substituted, on 1 July 2011, by section 10(1) of the Resource Management Amendment Act 2011 (2011 No 19).

  Section 142(4)(b): amended, on 1 July 2011, by section 10(2) of the Resource Management Amendment Act 2011 (2011 No 19).

  Section 142(4)(c): added, on 1 July 2011, by section 10(2) of the Resource Management Amendment Act 2011 (2011 No 19).

  Section 142(7): added, on 1 July 2011, by section 10(3) of the Resource Management Amendment Act 2011 (2011 No 19).