New Zealand Legislation: Acts

9 Methodology to be used

• (1) The Governor-General may from time to time, by Order in Council, establish a methodology (which includes an assessment of monetary and non-monetary costs and benefits) for making decisions under Part 5 of this Act; and the Authority shall consistently apply that methodology when making such decisions.

  (2) Before making any recommendation for the purpose of making any Order in Council under subsection (1) of this section, the Minister shall request the Authority to—

  • (a) Develop a proposed methodology; and

  • (b) Establish a process that the Minister considers gives the public adequate time and opportunity to make submissions on the proposed methodology to the Authority; and

  • (c) Advise the Minister of any submissions received, and any comments the Authority wishes to make on the submissions, or the proposed methodology,—

  and the Minister shall have regard to those submissions and comments.

  (3) A failure to comply with subsection (2) of this section shall not affect the validity of any Order in Council made under subsection (1) of this section.

  (4) Notwithstanding section 59 of this Act, the Authority shall not proceed to determine any application made under Part 5 of this Act until an Order in Council has been made under subsection (1) of this section.

  (5) No decision of the Authority under Part 5 of this Act shall be challenged on the adequacy or otherwise of the methodology developed and applied under subsection (1) of this section.