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; 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), 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) shall not affect the validity of any Order in Council made under subsection (1).

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

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