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:
- the matter is referred to a independent board of inquiry for consideration and decision (the Minister will appoint members to the board), or
- 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.
Call in of proposals for under-cover dairying in the Mackenzie Basin
Southdown Holdings Ltd, Williamson Holdings Ltd and Five Rivers Ltd lodged resource consent applications for the storage/ discharge of effluent and land use from under-cover dairy operations in the Mackenzie Basin. The Minister for the Environment, Hon Dr Nick Smith, has called in the applications and referred them to an independent Board of Inquiry. The Board will be chaired by Environment Judge Borthwick and the Board members are Mike Bowden, Dr Jim Cooke, Edward Ellison and Professor David Hamilton.
UPDATE: The Southdown Holdings Ltd, Williamson Holdings Ltd and Five Rivers Ltd resource consent applications that were called in by the Minister have been withdrawn as of 18 March 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.
Transpower's North Island Grid Upgrade Project – final decision made by Board in September 2009
A Board of Inquiry, appointed by the Minister for the Environment, confirmed requirements for designations (with certain modifications) and granted resource consents, subject to terms and conditions, for an electricity transmission line in the upper North Island.
Turitea wind farm proposal – final decision made by the Board in September 2011
A Board of Inquiry, appointed by the Minister for the Environment, have approved 60 turbines, 33 turbines at the northern end of the site and 27 turbines at the southern end in the Turitea reserve near Palmerston North.
‘Hauāuru mā raki’ - Waikato wind farm proposal - final decision was made by the Board in May 2011
A Board of Inquiry, appointed by the Minister for the Environment, granted resource consents subject to conditions, confirmed requirements for designations subject to modifications and conditions at the Hauāuru mā raki Waikato wind farm.
Last updated: 2 February 2012
