Section 141A — Resource Management Act 1991: Minister's power to intervene
Text of the provision Official document
141A Minister's power to intervene (1) This section applies when the Minister— (a) receives a request to intervene on a matter from— (i) 1 or more applicants; or (ii) a local authority required to process and decide a matter; or (b) decides to apply the section. (2) The Minister— (a) must have regard to the factors described in subsection (3) ; and (b) may exercise 1 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 it 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 1 consent authority, to direct the consent authorities to hold a joint hearing on the matter: (f) if a consent authority appoints 1 or more hearings commissioners for a matter, to appoint 1 additional hearings commissioner for the matter. (5) If the Minister gives a direction under subsection (4)(e) ,— (a) the consent authorities to which it is given must hold the joint hearing; and (b) section 102 applies, with the necessary modifications, to the hearing. (6) If the Minister appoints a hearings commissioner under subsection (4)(f) , the commissioner has the same powers, functions, and duties as a commissioner appointed by the consent authority. Sections 141A to 141C were inserted, as from 10 August 2005, by section 79 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.
Official source: legislation.govt.nz
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