About boards of inquiry
If the Minister for the Environment refers a matter to a board of inquiry, the Minister will appoint the independent board to consider the matter. The board will consider all submissions, hold a hearing (unless no-one wants to be heard), and make a final decision on the matter. The board runs its own process and makes a decision independently of the Environmental Protection Authority (EPA) and the Minister.
However, the EPA provides administrative support services to all boards of inquiry. This ranges from organising the logistics of the hearing to commissioning specialist advice to assist the board.
Information about current boards of inquiry
Board of inquiry membership
The Minister must ask the relevant local authorities for suggestions for appointments to a board. However, the Minister ultimately decides who is appointed to a board of inquiry.
When appointing members to the board the Minister must consider the need for members to have knowledge and skills relating to the local community, the RMA, issues relevant to the matters the board will be considering, 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 retired High Court Judge.
Timeframe for making a decision
All decisions by a board of inquiry are required to be made within nine months of the date of public notification of the matter. This means a board must consider an application, hold hearings, consider the matter and make a decision within nine months. However, under the RMA the Minister does have power to extend this timeframe in special circumstances.
Appealing board decisions
Board of inquiry decisions can only be appealed to the High Court on points of law. This means that there is not a general right of appeal against the board's overall decision to approve or decline the matter. It is only where the board's process or decision is legally deficient that it may be appealed. This restriction on appeals reflects the fact that decisions made by a board have similar status to those made by a court.
Last updated: 1 October 2009
