Skip to main content.

Preparing for an Environmental Protection Authority

The Resource Management (Simplifying and Streamlining) Amendment Act 2009, passed on the 8th September 2009, directed the establishment of the Environmental Protection Authority (EPA).

The EPA will be operational from 1st October 2009 and will function as a statutory office, operating within the Ministry for the Environment under the Secretary for the Environment.

The EPA has been established to administer and make recommendations to the Minister for the Environment regarding the processing of nationally significant consent applications, plan changes, notices of requirement and certificates of compliance.

Below you can find more information about:

Key features of the Environmental Protection Authority

Applications for resource consents, notices of requirement, requests for regional plans or private plan changes will be able to be lodged directly with EPA if they are considered to be of national significance.   The Resource Management Act 1991 provides examples of factors of national significance that may be considered. 

Within 20 days of receiving a complete application, the EPA will prepare a report for the Minister for the Environment that assesses the national significance of the application, and recommends whether the application should be referred to a board of inquiry or the Environment Court for consideration. If the application is not considered to be nationally significant the EPA can recommend it be referred to the relevant local authority, where it will be considered under normal council processes.

If the Minister refers a matter to a board of inquiry or the Environment Court, the EPA will notify his decision and call for submissions on the application.

Suggestions for board membership will be sought from the relevant local authority. The need for board members to have knowledge and experience related to the inquiry will also be considered. The chair of the board must be a current, former or retired Environment Judge or retired High Court Judge. The EPA will provide support services to boards of inquiry.

If the Minister refers the consideration of an application to a board of inquiry, decisions will be expected within 9 months from the date of notification. This will give certainty to applicants around timeframes.

Decisions by a board of inquiry or the Environment Court can only be appealed on points of law.

The EPA will operate within the Ministry for the Environment under the direction of the Secretary for the Environment. The Ministry is preparing for the EPA to officially commence operations on 1 October following the enactment of the Resource Management (Streamlining and Simplifying) Bill 2009.

Set up

The initial set up of the EPA will benefit from the Ministry’s existing experience and expertise on call ins.

The Ministry will develop and circulate guidance on the functions of the EPA and other changes to the RMA arising from Phase 1 of the reforms.  Further information will be provided on the EPA’s website www.epa.govt.nz when the EPA becomes operational on 1st October 2009.

The broader functions, location and responsibilities of the EPA will be considered as part of the Phase 2 of Resource Management Act reforms.

Contacts for further information on the establishment of the EPA:

Steve Summers
04 439 7502
steve.summers@mfe.govt.nz

Last updated: 10 September 2009