Reviewers, Auditors And Appeal Authorities (M.2)

Question 1

Who are all the reviewers, auditors and appeal authorities?

Answer 1

•Minister for the Environment
•Minister of Conversation
•Environment Court
•High Court
•Parliamentary Commissioner for the Environment (officer of parliament)
•Auditor-generals office (officer of parliament)
•Regulations Review Committee (parliament)

Question 2

What monitoring function roles does the Minister of Conservation control?

Answer 2

•To monitor the effect and implementation of NZ coastal policy statements and coastal permits for restricted coastal activities- s 28(d)

•Minister may require regional council to supply information about the councils monitoring of coastal permits, regional coastal plan and protected customary rights-s 28A

Question 3

What powers can the Minister for the Environment invoke on others?
(www.pce.govt.nz)

Answer 3

•Investigate a local authority’s performance and make recommendations to local authority- s 24A
•Require local authorities to supply information about the exercise of their functions etc- s 27

If local authority fails to act on recommendation under s 24A
•Appoint a person to carry out the local authority’s functions- s 25
•Direct regional council to prepare or change a plan or a district council to change a plan- s 25A

Question 4

What is the job of the Regulation review committee?

Answer 4

•Parliamentary select committee which examines all legislative instruments (formerly called regulations), investigates complaints about instruments and examines proposed powers in bills to make legislative instruments.
(For definition of ‘legislative instrument’ see section 4 of the legislation act 2012).

Question 5

What is the function of the Environmental court? (Formerly Planning Tribunal)

Answer 5

To regulate its own procedure to best promote timely and cost effective resolution of proceedings- s 269

Question 6

What are some of the roles of the environmental court?

Answer 6

Resolution of disputes
•Appeals relating to consents/planning
•Alternative dispute resolution/mediation

INTERPRETATION OF RMA
•Decisions
•Declarations- s 310
ENFORCEMENT
•Enforcement orders- s 314

Question 7

What can the high court do in terms of appeals and reviews?

Answer 7

•Points of law- appeals from Environment court
•Judicial review

Question 8

What are some of the processes a judicial review holds if there is a exercise or failure to exercise a statutory power by one of the regulator bodies?

Answer 8

•Decision makers must act in accordance with the statute (or other authority) granting them powers and discretion.
•Usually statute will set out the procedure required, and may specify matters required to be considered
• If doubt as to wether decision-makers acted within power an action may be taken in the High Court to review the exercise of decision-making power.

Question 9

Judicial review is about the process not the merits of the decision, so it reviews what the decision maker did but not the decision that they came too, what are some of the processes?

Answer 9

•Did the decision-maker
-Follow the correct procedure (as in statute) fair hearing, no bias
-Make a “reasonable” decision
-Consider all relevant matters
-Not consider relevant matters