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:

"Who can be chosen to run a hearing and make decisions"

When a local authority wants to give someone the power to hold a hearing, they must follow certain rules. You can be given this power if you are accredited, which means you have special training. The local authority can give this power to one person or a group of people.

If the local authority wants to give this power to one person, that person must be accredited. You can be given this power to hold a hearing on things like an application for a resource consent, a notice of requirement given under section 168 or section 189, or a request to change a plan.

If the local authority wants to give this power to a group of people with a chairperson, all the people in the group must be accredited, or the chairperson must be accredited and there must be exceptional circumstances. The group can be given this power to hold a hearing on things like a review of a resource consent, an application to change or cancel a condition of a resource consent, or a proposed policy statement or plan that is notified under clause 5 of Schedule 1.

If the local authority wants to give this power to a group of people without a chairperson, all the people in the group must be accredited, or over half of the people in the group must be accredited and there must be exceptional circumstances. You can also be given this power to hold a hearing on any matter under section 357C.

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Part 4Functions, 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).