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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:

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

When you are at a hearing described in section 39, you can speak and call evidence if you are the person who applied or if you made a submission and said you wanted to be heard. You can speak for yourself or have someone represent you. The people in charge of the hearing can limit what you say if they think you will repeat what someone else has already said. If you do not show up to the hearing, the people in charge can still go ahead with it if they think it is fair and reasonable to do so.

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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.

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Part 4Functions, 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).