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Resource Management Act 1991

Functions, powers, and duties of central and local government - Functions, powers, and duties of local authorities

35: Duty to gather information, monitor, and keep records

You could also call this:

"Local authorities must gather info, monitor the environment, and keep records to help them make good decisions."

You need to know what local authorities do to manage the environment. They gather information and do research to help them make good decisions. They also monitor the environment to see how it is doing.

You should know that local authorities monitor many things, including the state of the environment, how well their policies are working, and how they are using their powers. They also keep track of resource consents, which are like permits that allow people to use natural resources. In some cases, they monitor the exercise of protected customary rights, which are rights that certain groups of people have to use the environment in traditional ways, as outlined in the Marine and Coastal Area (Takutai Moana) Act 2011.

Local authorities keep records of all this information so you can access it. They have to make this information available to the public, including records of resource consents, decisions they have made, and complaints they have received. They also have to keep records of natural hazards, like floods or earthquakes, and how they are managing them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233009.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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Part 4Functions, powers, and duties of central and local government
Functions, powers, and duties of local authorities

35Duty to gather information, monitor, and keep records

  1. Every local authority shall gather such information, and undertake or commission such research, as is necessary to carry out effectively its functions under this Act or regulations under this Act.

  2. Every local authority shall monitor—

  3. the state of the whole or any part of the environment of its region or district—
    1. to the extent that is appropriate to enable the local authority to effectively carry out its functions under this Act; and
      1. in addition, by reference to any indicators or other matters prescribed by regulations made under this Act, and in accordance with the regulations; and
      2. the efficiency and effectiveness of policies, rules, or other methods in its policy statement or its plan; and
        1. the exercise of any functions, powers, or duties delegated or transferred by it; and
          1. the efficiency and effectiveness of processes used by the local authority in exercising its powers or performing its functions or duties (including those delegated or transferred by it), including matters such as timeliness, cost, and the overall satisfaction of those persons or bodies in respect of whom the powers, functions, or duties are exercised or performed; and
            1. the exercise of the resource consents that have effect in its region or district, as the case may be; and
              1. in the case of a regional council, the exercise of a protected customary right in its region, including any controls imposed on the exercise of that right under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011—
                  1. and take appropriate action (having regard to the methods available to it under this Act) where this is shown to be necessary.

                1. Monitoring required by subsection (2) must be undertaken in accordance with any regulations.

                2. Every local authority must, at intervals of not more than 5 years, compile and make available to the public a review of the results of its monitoring under subsection (2)(b).

                3. Every local authority shall keep reasonably available at its principal office, information which is relevant to the administration of policy statements and plans, the monitoring of resource consents, and current issues relating to the environment of the area, to enable the public—

                4. to be better informed of their duties and of the functions, powers, and duties of the local authority; and
                  1. to participate effectively under this Act.

                    1. Every local authority shall keep reasonably available at each of the offices in its region or district such of the information referred to in subsection (3) as relates to that part of the region or district.

                    2. The information to be kept by a local authority under subsection (3) shall include—

                    3. copies of its operative and any proposed policy statements and plans including all requirements for designations and heritage orders, and all operative and proposed changes to those policy statements and plans; and
                      1. copies of all material incorporated by reference in any plan or proposed plan under Part 3 of Schedule 1; and
                        1. all its decisions relating to submissions on any proposed policy statements and plans which have not yet become operative; and
                          1. in the case of a territorial authority, copies of every operative and proposed regional policy statement and regional plan for the region of which its district forms part; and
                            1. in the case of a regional council, copies of every operative and proposed district plan for every territorial authority in its region; and
                              1. in the case of a regional council, a copy of every Order in Council served on it under section 154(a); and
                                1. copies of any national environmental standard or national policy statement or New Zealand coastal policy statement; and
                                  1. records of all applications for resource consents received by it; and
                                    1. records of all decisions under any of sections 37, 87BA, 87BB, 87E, 95 to 95G, 198C, and 198H; and
                                      1. records of all resource consents granted within the local authority's region or district; and
                                        1. records of the transfer of any resource consent; and
                                            1. a summary of all written complaints received by it during the preceding 5 years concerning alleged breaches of the Act or a plan, and information on how it dealt with each such complaint; and
                                              1. records of natural hazards to the extent that the local authority considers appropriate for the effective discharge of its functions; and
                                                1. in the case of a territorial authority, the location and area of all esplanade reserves, esplanade strips, and access strips in the district; and
                                                  1. in the case of a regional council, records of every protected customary rights order or agreement relating to a part of the common marine and coastal area within its region; and
                                                    1. any other information gathered under subsections (1) and (2).

                                                      1. In subsections (2)(e) and (5)(jb), regional council includes the Chatham Islands Council.

                                                      Notes
                                                      • Section 35(1): amended, on , by section 29(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                      • Section 35(2)(a): replaced, on , by section 7(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                                                      • Section 35(2)(b): replaced, on , by section 15(1) of the Resource Management Amendment Act 2003 (2003 No 23).
                                                      • Section 35(2)(ca): inserted, on , by section 18(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                      • Section 35(2)(d): amended, on , by section 10(1) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
                                                      • Section 35(2)(e): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                                      • Section 35(2AA): inserted, on , by section 18(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                      • Section 35(2A): inserted, on , by section 15(2) of the Resource Management Amendment Act 2003 (2003 No 23).
                                                      • Section 35(5)(aa): inserted, on , by section 15 of the Resource Management Amendment Act 2005 (2005 No 87).
                                                      • Section 35(5)(f): amended, on , by section 29(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                      • Section 35(5)(g): replaced, on , by section 15(3) of the Resource Management Amendment Act 2003 (2003 No 23).
                                                      • Section 35(5)(ga): inserted, on , by section 15(3) of the Resource Management Amendment Act 2003 (2003 No 23).
                                                      • Section 35(5)(ga): amended, on , by section 128 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                      • Section 35(5)(ga): amended, on , by section 7(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                                                      • Section 35(5)(ga): amended, on , by section 29(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                      • Section 35(5)(gb): inserted, on , by section 15(3) of the Resource Management Amendment Act 2003 (2003 No 23).
                                                      • Section 35(5)(gc): inserted, on , by section 15(3) of the Resource Management Amendment Act 2003 (2003 No 23).
                                                      • Section 35(5)(h): repealed, on , by section 29(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                      • Section 35(5)(ja): inserted, on , by section 24 of the Resource Management Amendment Act 1993 (1993 No 65).
                                                      • Section 35(5)(jb): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                                      • Section 35(6): inserted, on , by section 10(3) of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).