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Appendix B: Relevant sections of the Resource Management Act 1991

Section 36(4)

(4) When fixing charges referred to in this section, a local authority shall have regard to the following criteria:

(a) The sole purpose of a charge is to recover the reasonable costs incurred by the local authority in respect of the activity to which the charge relates.

(b) A particular person or persons should only be required to pay a charge:

(i) to the extent that the benefit of the local authority’s actions to which the charge relates is obtained by those persons as distinct from the community of the local authority as a whole; or

(ii) where the need for the local authority’s actions to which the charge relates is occasioned by the actions of those persons; or

(iii) in a case where the charge is in respect of the local authority’s monitoring functions under section 35(2)(a) (which relates to monitoring the state of the whole or part of the environment), to the extent that the monitoring relates to the likely effects on the environment of those persons’ activities, or to the extent that the likely benefit to those persons of the monitoring exceeds the likely benefit of the monitoring to the community of the local authority as a whole.

Section 36(5)

(5) A local authority may, in any particular case and in its absolute discretion, remit the whole or any part of any charge of a kind referred to in this section which would otherwise be payable.

Section 140

s.140 Meaning of applicant, local authority, and matter in sections 141 to 150AA

In sections 141 to 150AA:

(a) applicant means:

(i) an applicant for a resource consent; or

(ii) a person who has requested a local authority to make a change to a plan under Schedule 1; or Part 6 – 124 (20/08/2005) Resource Management Act 1991

(iii) a person who has requested a local authority to prepare a regional plan under Schedule 1; or

(iv) a requiring authority; or

(v) a heritage protection authority;

(b) local authority means:

(i) a local authority, for an application for a resource consent; or

(ii) a local authority, for a request for a change to be made to a plan; or

(iii) a regional council, for a request for the preparation of a regional plan; or

(iv) a territorial authority, for a notice of requirement;

(c) matter means:

(i) an application for a resource consent; or

(ii) a request for a change to be made to a plan under Schedule 1; or

(iii) a request for the preparation of a regional plan under Schedule 1; or

(iv) a notice of requirement under any of sections 168, 168A, 189, and 189A.

Section 141A

s.141A Minister’s power to intervene

(1) This section applies when the Minister:

(a) receives a request to intervene on a matter from:

(i) one or more applicants; or

(ii) a local authority required to process and decide a matter; or

(b) decides to apply the section. 1991 Resource Management Act Part 6 – 125 (20/08/2005).

(2) The Minister:

(a) must have regard to the factors described in subsection (3); and

(b) may exercise one or more of the powers described in subsection (4).

(3) The factors are:

(a) the extent to which a matter is or is part of a proposal of national significance under section 141B(2); and

(b) whether the local authorities that would process and decide the matter if the Minister did not call in:

(i) have the capacity to process and decide it; and

(ii) consider that the exercise of any of the powers in subsection (4) would be appropriate.

(4) The powers are:

(a) to decide not to intervene:

(b) to call in the matter under section 141B:

(c) to make a submission on the matter for the Crown:

(d) to appoint a project co-ordinator for a matter to advise the consent authority on anything relating to the matter:

(e) if the matter involves more than one consent authority, to direct the consent authorities to hold a joint hearing on the matter:

(f) if a consent authority appoints one or more hearings commissioners for a matter, to appoint one additional hearings commissioner for the matter.

Section 141B(1)

(1) When 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 one of the following directions:

(a) a direction that the matter be referred for decision to a board of inquiry under sections 146 to 149; or

(b) a direction that the matter, after the receipt of any submissions, that the local authority or the Minister called for, be referred for decision to the Environment Court under section 150AA.

Section 141B(2)

(2) In deciding whether a matter is or is part of a proposal of national significance, the Minister may have regard to any relevant factor, including whether the matter:

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

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

(c) affects or is likely to affect any structure, feature, place, or area of national significance; or

(d) affects or is likely to affect more than one region or district; or

(e) affects or is likely to affect or is relevant to New Zealand’s international obligations to the global environment; or

(f) involves or is likely to involve technology, processes, or methods which are new to New Zealand and which may affect the environment; or

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

(h) is or is likely to be significant in terms of section 8 (Treaty of Waitangi).

Sections 149B(3) and (4)

(3) The Minister may recover from an applicant the actual and reasonable costs incurred by the Minister in exercising the Minister’s powers under sections 140 to 150.

(4) The Minister may recover from an applicant the actual and reasonable costs incurred by a board of inquiry in exercising its powers under sections 147 to 149.

Section 149B(6)

(6) A person may object under section 357B to a requirement to pay costs under any of subsections (2) to (4).

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