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Resource Management Act 1991

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

39B: Persons who may be given hearing authority

You could also call this:

“Rules about who can be chosen to listen to and decide on things like building permits or changes to local plans”

This law is about who can be given the power to conduct hearings for different things related to resource management. When a local authority wants to give this power to someone, there are some rules they need to follow.

If the local authority wants to give the power to just one person, that person must be accredited. This means they have special training or qualifications.

If the local authority wants to give the power to a group of people with a leader, either everyone in the group (including the leader) needs to be accredited, or just the leader needs to be accredited if there’s not enough time to get everyone accredited.

For a group without a leader, either everyone needs to be accredited, or more than half of the group needs to be accredited if there’s not enough time to get everyone accredited.

The hearings can be about things like asking for permission to use resources, changing plans for land use, or reviewing decisions that have already been made about using resources.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233072.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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39A: Accreditation, or

“The Minister must approve and announce qualifications that show someone is officially recognised to do a job.”

Next

39C: Effect of lack of accreditation, or

“Decisions still count even if the people making them aren't officially approved”

Part 4 Functions, powers, and duties of central and local government
Powers and duties in relation to hearings

39BPersons who may be given hearing authority

  1. This section applies when a local authority wants to apply any of sections 33, 34, and section 34A to give authority to 1 person or a group of persons to conduct a hearing on—

  2. an application for a resource consent; or
    1. a notice of requirement given under section 168 or section 189; or
      1. a request under clause 21(1) of Schedule 1 for a change to be made to a plan; 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 proposed policy statement or plan that is notified under clause 5 of Schedule 1 or given limited notification under clause 5A of that schedule; or
              1. any matter under section 357C.

                1. If the local authority wants to give authority to 1 person, it may do so only if the person is accredited.

                2. If the local authority wants to give authority to a group of persons that has a chairperson, it may do so only if—

                3. all persons in the group, including the chairperson, are accredited; or
                  1. the chairperson is accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited.

                    1. If the local authority wants to give authority to a group of persons that does not have a chairperson, it may do so only if—

                    2. all the persons in the group are accredited; or
                      1. over half of all the persons in the group are accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited.

                        Notes
                        • Section 39B: inserted, on , by section 22(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                        • Section 39B(1)(a): amended, on , by section 14(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 39B(1)(c): amended, on , by section 14(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 39B(1)(d): inserted, on , by section 14(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 39B(1)(e): inserted, on , by section 14(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 39B(1)(f): inserted, on , by section 14(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 39B(1)(f): amended, on , by section 22 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                        • Section 39B(1)(g): inserted, on , by section 14(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 39B(3): replaced, on , by section 14(4) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 39B(4): replaced, on , by section 14(4) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).