Resource Management Act 1991
069
Commenced: 1 Oct 1991
IV: Functions, Powers, and Duties of Central and Local Government
Functions, Powers, and Duties of Ministers
25
Residual powers of Minister for the Environment
25. Residual powers of Minister for the Environment---(1) Where any
local authority is not exercising or performing any of its functions,
powers, or duties under this Act to the extent that the Minister for the
Environment considers necessary to achieve the purpose of this Act, the
Minister may appoint, on such terms and conditions as the Minister
thinks fit, one or more persons (including any officer of the public
service) to exercise or perform all or any of those functions, powers,
or duties in place of the local authority.
(2) The Minister shall not make an appointment under subsection (1)
until---
(a) The local authority has been given written notice specifying the
reasons why the Minister proposes to make the appointment; and
(b) The local authority has a reasonable opportunity to satisfy the
Minister that it has not failed to exercise or perform any of
its functions, powers, or duties to the extent necessary to
achieve the purpose of this Act, and having not succeeded in so
satisfying the Minister, has failed to take proper steps within
a time specified in the notice (being not less than 20 working
days after the date of the notice) to remedy the defaults
complained of.
(3) Any person appointed under subsection (1) to exercise or perform
the functions, powers, or duties of a local authority under this Act may
do so as if the person were the local authority, and the provisions of
this Act shall apply accordingly.
(4) All costs, charges, and expenses incurred by the Minister for the
purposes of this section, or by a person appointed by the Minister under
this section in exercising or performing functions, powers, or duties of
a local authority, shall be recoverable from the local authority as a
debt due to the Crown or may be deducted from any money payable to the
local authority by the Crown.