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EPA - Frequently asked Questions

How did the EPA come about?

The EPA was established through the Resource Management (Simplifying and Streamlining) Amendment Act 2009.

Why do we need an Environmental Protection Authority?

The purpose of the EPA is to provide efficient and timely processing for proposals of national significance, such as major infrastructure or public works projects. Proposals that are lodged with the EPA and that the Minister directs to a board of inquiry must have a final decision made within 9 months of the date of public notification.
This will provide more certainty than currently exists for both potential applicants and members of the public around timeframes for the processing of proposals of national significance.

What does it do?

The EPA will assess an application lodged with it for completeness and national significance. The EPA will then provide a recommendation to the Minister for the Environment on whether the application should be referred to a board of inquiry or the Environment Court for consideration and decision. If the EPA considers the proposal is not of national significance, it can recommend that it be referred to the local council for processing and a decision in the standard way.

If the Minister for the Environment directs that the consideration of an application be referred to a board of inquiry or the Environment Court, the EPA will publicly notify the application and call for submissions. In addition, if the application is directed to a board of inquiry, the EPA will provide administrative support to the board, such as co-ordinating the hearing.

Who can apply for their application to be heard this way?

People with applications for resource consents, notices of requirement, requests for a regional plan or private plan change, that they believe are of national significance can apply directly to the EPA for these to be considered by a board of inquiry or the Environment Court. The EPA advises any potential applicants to contact them well in advance of lodging a proposal so that they can give advice around the application process.

Where is it based?

From the 1 October the EPA will operate within the Ministry for the Environment’s head office in Wellington.

Who are the staff?

The EPA is a statutory office under the direction of the Secretary for the Environment, Dr Paul Reynolds and is staffed by employees with previous experience processing proposals of national significance that the EPA is likely to receive. 

How is it separate from the Ministry?

The EPA will be staffed by employees of the Ministry for the Environment, to whom the Secretary for the Environment, Dr Paul Reynolds, can delegate any of the functions and duties of the EPA. The EPA will have its own presence within the Ministry for the Environment, as well as its own website.

What is the Minister for the Environment’s involvement?

The Minister for the Environment considers the EPA’s recommendation on an application and makes the decision on whether the application should be referred to a board of inquiry or the Environment Court for consideration, or if it should be directed to the local council.

If the Minister decides to refer the matter to a board of inquiry, he will also appoint members to the board. In doing this the Minister must seek suggestions for board members from the relevant local authorities.  The board is an independent body and as such the final decision about whether the application for resource consent, notice of requirement etc should be granted is made by either a board of inquiry, independent of the Minister for the Environment.

If the Minister directs a matter be referred to the local authority for consideration he can exercise one or more of the following powers: make a crown submission, appoint a project co-ordinator to advise the local authority, or direct the local authorities to hold joint hearings. If the local authority appoints one or more hearings commissioners for the matter, the Minister can appoint an additional commissioner for the matter.

How is a board of inquiry set up?

If the Minister for the Environment decides that an application of national significance is best considered by a board of inquiry, he must then appoint a board. The Minister must ask the relevant local authorities for suggestions for appointments. However, the Minister ultimately decides who is appointed to a board of inquiry.

When appointing board members, the Minister must consider the need for members to have knowledge and skills relating to the local community, the Resource Management Act, issues relevant to the proposal and tikanga Māori.  A board of inquiry must have between three and five members, with the chair being a current, former or retired Environment Judge, or a retired High Court Judge.

Why are decisions made faster through this consent process?

The Government’s aim is to encourage applicants to apply directly to the EPA, instead of to the relevant council. This will allow for a more streamlined decision making process for the larger (and often more controversial) proposals which have in the past required extra council resources. 

If the Minister refers a proposal to a board of inquiry or the Environment Court, the opportunity for appeals to the Environment Court is removed. Decisions made by a board of inquiry or the Environment Court may only be appealed to the High Court on a point of law.

In addition, decisions by a board of inquiry must be delivered within 9 months of the time the application was notified. This, coupled with the removal of the right of appeal to the Environment Court, will provide greater certainty for potential applicants around timeframes. 

Will the EPA expand?

In the longer term, there is likely to be scope for the role of an EPA to expand further to include other environmental functions which are best performed at the national level. This will be considered as part of Phase 2 of the Resource Management reforms.

How do I contact the EPA?

The EPA will be operational on 1st October 2009. From then it can be contacted on 0800 CALL EPA (0800 225 537) or via information@epa.govt.nz.  More information can be found on the EPA’s website www.epa.govt.nz, which will also be operational from 1st October.

For information about the EPA prior to 1st October please contact Steve Summers on 04 439 7502, or steve.summers@mfe.govt.nz.

What will be on the new EPA website?

The EPA website will provide guidance around how to lodge an application with the EPA and how to submit on an application that the Minister has referred to a board of inquiry or the Environment Court. In addition, the website will provide information on current applications, the relationship between the EPA and councils, and copies of publications related to the EPA. The website will be launched on 1st October 2009 and can be accessed on www.epa.govt.nz from that date.

Last updated: 16 September 2009