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Resource Management Act 1991

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

39C: Effect of lack of accreditation

You could also call this:

“What happens if someone is not accredited to make decisions under the law?”

If a local authority says it has given authority to a person or group under section 39B, but it hasn’t because they are not accredited, this section applies. You need to know that the authority is only given if the person or group meets the accreditation requirements. The local authority’s decision to give authority is affected if the person or group is not accredited as required by section 39B.

If a person or group makes a decision without being accredited as required by section 39B, their decision is not invalid just because they were not accredited. You should look at section 39B to understand what accreditation is required. The decision made by the person or group is still valid even if they did not meet the accreditation requirements.

When a local authority gives authority under section 39B, it must make sure the person or group is accredited. If you want to know more about accreditation, you can check section 39B.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233075.

Topics:
Environment and resources > Town planning Government and voting > Local councils
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39B: Persons who may be given hearing authority, or

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

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40: Persons who may be heard at hearings, or

"Who can speak at a hearing about a resource management issue"

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

39CEffect of lack of accreditation

  1. This section applies when a local authority purports to give authority under section 39B to a person or group of persons, but does not in fact give it because the person, chairperson of the group, or members of the group are not accredited as required by the section.

  2. No decision made by the person or group of persons is invalid solely because the person, chairperson of the group, or members of the group were not accredited as required by section 39B.

Notes
  • Section 39C: inserted, on , by section 23 of the Resource Management Amendment Act 2005 (2005 No 87).