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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:

“Hearings are open to the public and try to be fair and not too formal.”

When you are at a hearing about something like a plan or a resource consent, it is usually open to the public. The people in charge of the hearing will try to make it fair and not too formal. They will also make sure to respect tikanga Maori when it is appropriate.

You can give evidence in Maori and the Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 will apply. Only the chairperson or other members of the hearing body can ask you questions. They will not let other people cross-examine you, except in some special cases like a board of inquiry appointed under section 149J.

The hearing will be run in a way that is fair and suitable for the situation. If there is sensitive information, the hearing might not be open to the public, as stated in section 42 or the Local Government Official Information and Meetings Act 1987.

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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 > Town planning 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).