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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 holding fair and orderly hearings about resource management matters”

When a hearing is held under the Resource Management Act 1991, some rules from the Commissions of Inquiry Act 1908 apply. These rules give the people running the hearing special powers. They can keep order, handle evidence, call witnesses, and protect witnesses. They can also decide how much to pay witnesses for their time.

If you’re asked to be a witness at a hearing, you’ll get a special form called a summons. The person in charge of the hearing will sign this form.

If someone asks for a witness to come to the hearing, they have to pay for that witness’s time and expenses.

During the hearing, the people in charge can ask for more information from anyone who gives a report or speaks at the hearing. They can only ask for information that will help them make a decision about the application they’re considering.

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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:
Environment and resources > Town planning
Government and voting > Local councils
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“The people in charge of a hearing can decide how to run it based on how big and important it is.”

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).