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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:

“How people in charge can ask for information and tell others what to do before or during a meeting about building things”

The authority can decide how things will happen at the hearing. They can choose the order of the evidence and what people say. They can also ask for things to be written down or read out, or only talk about things people disagree on. The authority can tell people how long they have to speak.

Before or during the hearing, the authority can ask for more information from people who have made submissions. They can also ask the person who applied for something to give more details.

If the authority thinks that what’s being talked about might hurt the environment a lot, they can ask someone else to write a report. They have to tell the person who applied about this first, and that person has to agree.

The authority must share any extra information they get before the hearing with everyone involved. If they get more information during the hearing, or if they ask someone to write a report, they must share this too. But they don’t need to give information back to the person who gave it to them.

At the hearing, the authority can stop someone from talking about things that aren’t important or that everyone already agrees on.

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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
Government and voting > Local councils
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41B: Directions to provide evidence within time limits, or

“The authority can tell people when to give their evidence before a hearing starts.”

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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).