The Environment Act 1986 established the Ministry for the Environment and the Office of the Parliamentary Commissioner for the Environment on the 1st day of January 1987. The Commissioner provides an independent check on the system of environmental management and the performance of public authorities on environmental matters. The post has a five year parliamentary term in office and the appointment is madee by the Governor-General on the recommendation of the House of Representatives.

As set out in the Environment Act 1986, the functions of the Ministy’s staff are as follows:

To advise the Minister on all aspects of environmental administration, including:
Management policies for natural and physical resources and ecosystems to meet the objectives of the Environment Act 1986
Significant environmental impacts of public or private sector proposals, particularly those that are inadequately covered by existing legislative or other environmental assessment requirements
Ensuring effective provision is made for public participation in environmental planning and policy formulation, particularly at the regional and local level.
To obtain information, and to conduct and supervise research, so it may advise the Government on environmental policies.
To provide the Government, its agencies, and other public authorities with advice on:
1. the application, operation, and effectiveness of the Acts specified in the Schedule to the Environment Act 1986 in relation to the achievement of the objectives of the Act
2. procedures for the assessment and monitoring of environmental impacts
3. pollution control and the co-ordination of the management of pollutants in the environment
4. the identification and likelihood of natural hazards and the reduction of the effects of natural hazards
5. the control of hazardous substances, including the management of the manufacture, storage, transport, and disposal of hazardous substances.
* To facilitate and encourage the resolution of conflict in relation to policies and proposals which may affect the environment.
* To provide and disseminate information and services to promote environmental policies, including environmental education and effective public participation in environmental planning.
* Generally to provide advice on matters relating to the environment.
* To carry out functions specified under any other enactment (this includes for example the Ministry’s functions under the RMA).

The functions of the Commissioner shall be—

(a) With the objective of maintaining and improving the quality of the environment, to review from time to time the system of agencies and processes established by the Government to manage the allocation, use, and preservation of natural and physical resources, and to report the results of any such review to the House of Representatives and to such other bodies or persons as the Commissioner considers appropriate:
(b) Where the Commissioner considers it necessary, to investigate the effectiveness of environmental planning and environmental management carried out by public authorities, and advise them on any remedial action the Commissioner considers desirable:
(c) To—

(i) Investigate any matter in respect of which, in the Commissioner’s opinion, the environment may be or has been adversely affected, whether through natural causes or as a result of the acts or omissions of any person or body, to an extent which the Commissioner considers warrants investigation; and
(ii) Advise, where necessary, the appropriate public authority and any other person or body the Commissioner thinks appropriate of the preventive measures or remedial action which the Commissioner considers should be taken; and
(iii) Report the results of the investigation to the House of Representatives:

(d) At the request of the House of Representatives or any select committee of the House of Representatives, to report to the House or committee on any petition, Bill, or other matter before the House or committee the subject-matter of which may have a significant effect on the environment:
(e) On the direction of the House of Representatives, to inquire into any matter that has had or may have a substantial and damaging effect on the environment, and to report the results of the inquiry to the House:
(f) To undertake and encourage the collection and dissemination of information relating to the environment:
(g) To encourage preventive measures and remedial actions for the protection of the environment.

(2) For the purposes of any inquiry held under subsection (1)(e) of this section, the Commissioner shall have the same powers as are conferred on Commissions of Inquiry by section 4 and sections 4B to 9 of the Commissions of Inquiry Act 1908; and those sections shall apply to all persons involved in any capacity in any such inquiry as if it were an inquiry conducted by a Commission under that Act.

(3) The Commissioner shall have, in relation to any such inquiry, and any report on the results of the inquiry, the same immunities and privileges as are possessed by a District Court Judge in the exercise of the Judge’s civil jurisdiction.