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Resource Management Act 1991

Functions, powers, and duties of central and local government - Reports

42A: Reports to local authority

You could also call this:

“Getting a report from the local council to help them make a decision about your application”

You can ask for a report from your local authority before they make a decision. The local authority can get a report from one of their officers or from a consultant. They can do this at any reasonable time before a hearing.

The report does not have to include everything from your application under section 88(2). It can just refer to the parts that are relevant. The report can be used when the local authority is making a decision.

If the report is written, the local authority must give you a copy. They must also give a copy to anyone who made a submission and wants to be heard. You should get the copy at least 15 working days before the hearing if the authority gives a direction under section 41B, or at least 5 working days before if they do not.

The local authority must make the report available to anyone who made a submission but does not want to be heard. They must also let those people know that the report is available. The local authority can decide not to follow these rules if they think it will not make a big difference to anyone.

The local authority can prepare a report on information you provided under section 39(1). They can use this report when they are making a decision about your application. You will get to see the report before the hearing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233096.

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Part 4 Functions, powers, and duties of central and local government
Reports

42AReports to local authority

  1. At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a local authority (as local authority is defined in section 42(6)(b)) may require preparation of a report on information provided on any matter described in section 39(1) by the applicant or any person who made a submission.

  2. The local authority may—

  3. require an officer of the local authority to prepare the report; or
    1. commission a consultant or any other person employed for the purpose to prepare the report.

      1. The report does not need to repeat information included in the applicant's application under section 88(2).

      2. Instead, the report may—

      3. adopt all of the information; or
        1. adopt any part of the information by referring to the part adopted.

          1. Any report prepared under subsection (1) may be considered at any hearing conducted by the local authority.

          2. If the report is in writing, the local authority must provide a copy of it to the applicant, and to every person who made a submission and stated a wish to be heard at the hearing, so that they receive the copy—

          3. at least 15 working days before the hearing, if the authority gives a direction under section 41B; or
            1. at least 5 working days before the hearing, if the authority does not give a direction under section 41B.

              1. If the report is in writing, the authority must—

              2. make the report available at its office to any person who made a submission and did not state a wish to be heard; and
                1. give written or electronic notice to those submitters that the report is available at the authority's office.

                  1. The local authority may waive compliance with—

                  2. subsection (3) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been provided with a copy of the report under that subsection; or
                    1. subsection (4)(b) if it is satisfied that there is no material prejudice, or is not aware of any material prejudice, to any person who should have been given notice of the report under that paragraph.

                      Notes
                      • Section 42A: inserted, on , by section 30 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 42A(1): replaced, on , by section 10 of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 42A(1AA): inserted, on , by section 10 of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 42A(1A): replaced, on , by section 89 of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 42A(1B): replaced, on , by section 89 of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 42A(3): replaced, on , by section 40(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 42A(4): replaced, on , by section 40(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 42A(5): inserted, on , by section 40(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).