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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.
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