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Processing of applications of national significance

The Resource Management Act 1991 (Act) provides for the Minister for the Environment to intervene in the decision making process for proposals of national significance. The RMA does not define what national significance means, however the Act provides some examples of factors that the Minister may consider when making his decision. These include if it;

  • is of widespread public concern,
  • involves significant use of natural and physical resources,
  • is relevant to NZ’s international obligations,
  • will assist the Crown in fulfilling public health, welfare, security or safety obligations or function,
  • is likely to contribute to significant changes to the environment, and
  • relates to network utilities extending in more than one district or region.

The Minister can intervene in applications for resource consent, notices of requirement, request for a regional plan or private plan change.

For proposals that have been lodged with the local authority, the Minister can be formally requested to intervene in a decision-making process by either the applicant for the proposal or the local authority who would normally make the decision. Alternatively, the Minister can choose to intervene of his own volition.

From the 1st October 2009 applicants with proposals of national significance can lodge directly with the Environmental Protection Authority (EPA). The EPA was established through the Resource Management (Simplifying and Streamlining) Amendment Act 2009. Further information on applying to the EPA is available.    

How the Minister can intervene

After receiving and considering a request to intervene, the Minister can choose from six options for action.

  • not to intervene
  • to call-in the matter
  • to make a submission on the matter for the Crown
  • to appoint a project co-ordinator
  • to direct the consent authorities to hold a joint hearing, if the matter involves more than one authority
  • to appoint an additional hearings commissioner to a hearings panel, if the local authority decides that commissioners should be used.

Call-in

The Minister can call- in a proposal that has been lodged with a local authority by making a direction that:

  1. the matter is referred to a independent board of inquiry for consideration and decision (the Minister will appoint members to the board), or
  2. the matter is referred to the

Environment Court for consideration and decision.

In either case the local authority will no longer have the role of deciding the matter as it normally would.

If the Minister decides to call-in a proposal he must give a direction in writing, stating the reasons for referring the matter to a board of inquiry or the Environment Court.  From 1st October 2009 it will be one of the functions of the EPA to serve the Minister’s direction on the local authority and applicant. The EPA will also give public notice of the Minister’s direction and receive submissions on the proposal.

Following the close of the submission period, the EPA will provide the board of inquiry or Environment Court with all submissions received and all relevant material collected by the local authority.

Current call- ins

Prior to the Resource Management (Simplifying and Streamlining) Amendment Act 2009, five proposals of national significance were called-in. The sections below link to pages containing further information around these proposals.

From 1st October 2009 any new proposals that are called-in will be hosted on the EPA’s website, www.epa.govt.nz. This will be live from 1st October 2009.

Call-in of Turitea wind farm proposal

Mighty River Power Ltd has applied to build a wind farm in the Turitea Reserve near Palmerston North. The Minister for the Environment has decided to call in the applications and has referred them to an independent Board of Inquiry chaired by Judge Shonagh Kenderdine.

Call-in of Transpower's North Island Grid Upgrade Project

Transpower has lodged notices of requirement for designations and applications for resource consents for its proposed transmission line (200km in length) from Whakamaru to Otahuhu and Pakuranga to supply power to the Auckland and Northland regions.  The Board of Inquiry, chaired by Judge David Sheppard, has released it’s draft report and decision into the proposal and is currently considering comments received on this.  

Call-in of ‘Hauāuru mā raki’ - Waikato Wind Farm proposal

In August 2008, the Minister for the Environment called in a proposal by Contact Wind Ltd and Contact Energy Ltd for a new 180-turbine wind farm - Hauāuru mā raki. The proposed site is along approximately 34km of coastline on the west coast of the North Island, from four kilometres south of Port Waikato to Te Akau, some eight kilometres north of Raglan. An independent Board of Inquiry, chaired by Judge Jeff Smith, has been appointed and is considering Contact’s Proposal. The Board adjourned the hearing for 12 months in May 2009 and will recommence in May 2010.

Call-ins with decisions made

 ‘Te Waka’ wind farm proposal – final decision made by Environment Court in February 2009

The Environment Court declined an application by Unison Networks for a 34-turbine wind farm near Te Waka Range in Hawke’s Bay. Unison’s proposal was called in by the Minister for the Environment in January 2008 and then referred to the Environment Court .

‘Te Mihi’ geothermal power station – final decision made by Board in September 2008

A Board of Inquiry, appointed by the Minister for the Environment, granted consent, subject to terms and conditions, for a new geothermal power station at ‘Te Mihi’ near Taupo. 

Last updated: 16 September 2009