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Resource Management Act 1991

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

40: Persons who may be heard at hearings

You could also call this:

“This law explains who can speak and share information at special meetings about the environment.”

You can speak at a hearing described in section 39 if you’re the person who applied or if you made a submission and said you wanted to be heard. You can speak yourself or have someone speak for you. You can also bring evidence to support what you’re saying.

Sometimes, if too many people want to say the same thing, the authority might limit how many can speak or give evidence. This is to avoid hearing the same information over and over.

If you’re the person who applied or if you made a submission and said you wanted to speak, but you don’t show up to the hearing, the authority might still go ahead without you. They’ll only do this if they think it’s fair and reasonable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233077.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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“Rules for holding fair and orderly hearings about resource management matters”

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

40Persons who may be heard at hearings

  1. At any hearing described in section 39, the applicant, and every person who has made a submission and stated that they wished to be heard at the hearing, may speak (either personally or through a representative) and call evidence.

  2. Notwithstanding subsection (1), the authority may, if it considers that there is likely to be excessive repetition, limit the circumstances in which parties having the same interest in a matter may speak or call evidence in support.

  3. If—

  4. the applicant; or
    1. any person who made a submission and stated they wished to be heard at any such hearing—
        1. fails to appear at the hearing, the authority may nevertheless proceed with the hearing, if it considers it fair and reasonable to do so.

      Notes
      • Section 40 heading: amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
      • Section 40(3): inserted, on , by section 28 of the Resource Management Amendment Act 1993 (1993 No 65).
      • Section 40(3): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).