Resource Management Act 1991

147 Minister makes direction after EPA recommendation

• (1) After the Minister receives a recommendation from the EPA under section 146, he or she may make 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; or

  • (c) refer the matter to the local authority.

  (2) The Minister may make a direction under subsection (1)(a) or (b) only if he or she considers that the matter is or is part of a proposal of national significance.

  (3) The Minister must apply section 142(3) in deciding whether the matter is or is part of a proposal of national significance.

  (4) In deciding on making a direction under subsection (1), 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 (1) must—

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

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

  (6) To avoid doubt, the Minister may make a direction under subsection (1) that differs from the direction recommended by the EPA under section 146(1).

  (7) For the purposes of a plan change request made, and a concurrent application lodged, under subpart 4 of Part 7A, a direction given under this section must relate to both.

  Section 147: replaced, on 1 October 2009, by section 100 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 147(7): inserted, on 1 October 2011, by section 39 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).