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Resource Management Act 1991

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

41: Provisions relating to hearings

You could also call this:

“Rules for how hearings work and what happens when you're involved”

When you are at a hearing, some rules from the Commissions of Inquiry Act 1908 apply. These rules help keep order and make sure everyone follows the process. They include rules about evidence, summoning witnesses, and protecting them.

You can be asked to come to a hearing as a witness. If you are, you will get a summons that is signed by the person in charge of the hearing. The party that asked you to be a witness will pay you an allowance.

At some hearings, the authority can ask for more information from people who make reports or are at the hearing. This information must be relevant to the application being discussed. The authority can ask anyone who is at the hearing or who made a report for this information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233079.

Topics:
Government and voting > Government departments Environment and resources > Conservation Environment and resources > Town planning
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40: Persons who may be heard at hearings, or

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

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41A: Control of hearings, or

"Who's in charge and what they can do at a hearing"

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

41Provisions relating to hearings

  1. The following provisions of the Commissions of Inquiry Act 1908 apply to every hearing conducted by a local authority, a consent authority, or a person given authority to conduct hearings under sections 33, 34, 34A, 117, 149J, or 202:

  2. section 4, which gives powers to maintain order:
    1. section 4B, which relates to evidence:
      1. section 4D, which gives power to summon witnesses:
        1. section 5, which relates to the service of a summons:
          1. section 6, which relates to the protection of witnesses:
            1. section 7, which relates to allowances for witnesses.

              1. Every summons to a witness to appear at a hearing shall be in the prescribed form and be signed by the chairperson of the hearing.

              2. All allowances for a witness shall be paid by the party on whose behalf the witness is called.

              3. At every hearing conducted in relation to a matter described in section 39(1), the authority may request and receive, from any person who makes a report under section 42A or who is heard by the authority or who is represented at the hearing, any information or advice that is relevant and reasonably necessary to determine the application.

              Notes
              • Section 41(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
              • Section 41(1): amended, on , by section 24 of the Resource Management Amendment Act 2005 (2005 No 87).
              • Section 41(4): inserted, on , by section 29 of the Resource Management Amendment Act 1993 (1993 No 65).