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Resource Management Act 1991

Functions, powers, and duties of central and local government - Powers and duties in relation to hearings

39: Hearings to be public and without unnecessary formality

You could also call this:

“Meetings about land use decisions should be open to everyone and easy to understand.”

When a local authority, consent authority, or someone given permission to hold hearings about resource management matters has a hearing, they must do it in public. This applies to hearings about things like policy statements, plans, resource consents, and water conservation orders. The only times they don’t have to make it public are when they need to protect sensitive information or when the Local Government Official Information and Meetings Act 1987 says they don’t have to.

The people running the hearing need to make sure the process is fair and appropriate. They should try to keep things simple and not too formal. They need to respect Māori customs when it’s right to do so, and they must accept evidence in the Māori language according to Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016.

Only the chairperson or members of the hearing group can ask questions to the people involved. No one else is allowed to question people, and cross-examination isn’t allowed. However, if the hearing is run by a special group called a board of inquiry (set up under section 149J), these rules about who can ask questions don’t apply to 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=DLM233065.

Topics:
Environment and resources > Land use
Environment and resources > Town planning
Government and voting > Local councils
Rights and equality > Anti-discrimination
Māori affairs > Te reo Māori
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Part 4 Functions, powers, and duties of central and local government
Powers and duties in relation to hearings

39Hearings to be public and without unnecessary formality

  1. Where a local authority, a consent authority, or a person given authority to conduct hearings under any of sections 33, 34, 34A, 117, 149J, 202, or 357C, holds a hearing in relation to—

  2. a proposed policy statement, a plan, a change, or a variation; or
    1. an application for a resource consent; or
      1. a review of a resource consent; or
        1. an application to change or cancel a condition of a resource consent; or
          1. a matter for which a direction has been made under section 142(2) or 147(1)(a); or
            1. a requirement for a designation or heritage order; or
              1. a requirement to alter a designation or heritage order; or
                1. an application for a water conservation order,—
                    1. the authority shall hold the hearing in public (unless permitted to do otherwise by section 42 (which relates to the protection of sensitive information) or the Local Government Official Information and Meetings Act 1987), and shall establish a procedure that is appropriate and fair in the circumstances.

                  1. In determining an appropriate procedure for the purposes of subsection (1), the authority shall—

                  2. avoid unnecessary formality; and
                    1. recognise tikanga Maori where appropriate, and receive evidence written or spoken in Maori and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 shall apply accordingly; and
                      1. not permit any person other than the chairperson or other member of the hearing body to question any party or witness; and
                        1. not permit cross-examination.

                          1. Despite subsection (2), nothing in paragraph (c) or (d) of that subsection applies to a board of inquiry appointed under section 149J.

                          Notes
                          • Section 39(1): amended, on , by section 36(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 39(1): amended, on , by section 20(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                          • Section 39(1): amended, on , by section 20(2) of the Resource Management Amendment Act 2005 (2005 No 87).
                          • Section 39(1): amended, on , by section 27(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                          • Section 39(1)(a): amended, on , by section 36(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 39(1)(c): amended, on , by section 36(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 39(1)(d): amended, on , by section 36(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 39(1)(e): replaced, on , by section 36(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 39(1)(fa): inserted, on , by section 36(6) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 39(2)(b): amended, on , by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).
                          • Section 39(3): inserted, on , by section 9 of the Resource Management Amendment Act 2013 (2013 No 63).