If your council is considering making a request, we encourage you to contact the Severe Weather Response team by emailing SevereWeatherResponse@mfe.govt.nz.
We welcome questions about the process and can help you to understand the type of information that may be needed to support a request. If a request is not supported by adequate or sufficient information, we may need to seek further clarification or detail, which can extend the time required to assess a request.
Councils considering whether to request that the Minister for the Environment use the s331AA regulation-making power should first contact the Ministry for the Environment (the Ministry). Initial information is required to help the Ministry understand the situation and assess whether the use of s331AA may be appropriate. This may include:
- an overview of the issue and the recovery works required
- information on the extent of the issue (for example, scale, urgency, locations, and affected activities)
- identification of key regulatory barriers and why existing RMA processes are insufficient
- an overview of potentially affected parties and any engagement undertaken to date
- any relevant inter‑agency linkages and dependencies with other programmes or workstreams.
A standard form is available for councils to provide information on issues arising from a natural hazard event or other emergency.
Download the form for information to support consideration of emergency regulations.
Please complete the form and return it to SevereWeatherResponse@mfe.govt.nz. We will aim to confirm receipt of information and arrange a follow-up meeting to discuss the request.
Ministry officials will review all requests received and undertake an initial assessment. This may include a meeting with the requesting council and requests for further information to better understand eligibility, scope and potential options.
Further targeted engagement and analysis may be required to assess whether the use of s331AA regulations is appropriate and whether statutory thresholds can be met.
Once all necessary information has been gathered, Ministry officials will brief the relevant Ministers and seek decisions on whether to proceed with the development of regulations under s331AA. If a decision is made to progress, further policy analysis, consultation, drafting, and Cabinet consideration will be required.
Timeframes
Timeframes will depend on complexity and urgency of the situation. The Ministry will seek to deal with matters as efficiently as possible, while ensuring statutory requirements and quality standards are met