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Resource Management Act 1991

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

41C: Directions and requests before or at hearings

You could also call this:

“What to expect and do when you're at a hearing: rules and instructions from the person in charge”

When you are at a hearing, the authority in charge can tell you what to do. They can decide the order of things, like who talks first or last. They can also say how evidence and submissions are presented.

The authority can ask you to give more information before or at the hearing. They can also ask someone who made a submission to give more information. If the authority needs more information, they can get a report from a consultant.

If someone gives more information before the hearing, the authority must give a copy to the applicant and everyone who made a submission. The authority must also make the information available to anyone who made a submission but does not want to be heard. However, the authority does not need to give the information back to the person who provided it.

At the hearing, the authority can tell you not to talk about things that are not relevant. They can say you cannot present the whole submission or just parts of it if it is not relevant.

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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=DLM233086.

Topics:
Environment and resources > Town planning Environment and resources > Conservation
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41B: Directions to provide evidence within time limits, or

"Give evidence on time when asked by the authority"

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41D: Striking out submissions, or

"A person in charge can remove comments that are unfair, unhelpful, or rude during a meeting about important decisions."

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

41CDirections and requests before or at hearings

  1. Before or at the hearing, the authority may—

  2. direct the order of business at the hearing, including the order in which evidence and submissions are presented; or
    1. direct that evidence and submissions be—
      1. recorded; or
        1. taken as read; or
          1. limited to matters in dispute; or
          2. direct the applicant, when presenting evidence or a submission, to present it within a time limit; or
            1. direct a person who has made a submission, when presenting evidence or a submission, to present it within a time limit.

              1. Before or at the hearing, the authority may request a person who has made a submission to provide further information.

              2. At the hearing, the authority may request the applicant to provide further information.

              3. At the hearing, the authority may commission a consultant or any other person employed for the purpose to prepare a report on any matter on which the authority requires further information, if all the following apply:

              4. the activity that is the subject of the hearing may, in the authority's opinion, have a significant adverse environmental effect; and
                1. the applicant is notified before the authority commissions the report; and
                  1. the applicant does not refuse to agree to the commissioning of the report.

                    1. The authority must provide a copy of any further information requested under subsection (2), and received before the hearing, to the applicant and every person who made a submission.

                    2. Subsection (5B) applies to—

                    3. any further information that—
                      1. is requested under subsection (2) or (3); and
                        1. is received in writing or electronically after the start of the hearing; but
                          1. is not given as evidence at the hearing; and
                          2. any report that is commissioned under subsection (4).

                            1. The authority must—

                            2. provide a copy of the further information or report to the applicant and every person who made a submission and stated a wish to be heard; and
                              1. make the further information or report available at its office to any person who made a submission and did not state a wish to be heard.

                                1. However, the authority does not need to provide further information to the applicant or submitter who provided the information.

                                2. At the hearing, the authority may direct a person presenting a submission not to present—

                                3. the whole submission, if all of it is irrelevant or not in dispute; or
                                  1. any part of it that is irrelevant or not in dispute.

                                    1. Repealed

                                    2. Repealed

                                    3. Repealed
                                    Notes
                                    • Section 41C: inserted, on , by section 25(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                                    • Section 41C(5): replaced, on , by section 38 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                    • Section 41C(5A): inserted, on , by section 38 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                    • Section 41C(5B): inserted, on , by section 38 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                    • Section 41C(5C): inserted, on , by section 38 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                    • Section 41C(7): repealed, on , by section 131 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                    • Section 41C(8): repealed, on , by section 131 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                    • Section 41C(9): repealed, on , by section 131 of the Resource Legislation Amendment Act 2017 (2017 No 15).