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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:

“The local authority can ask for a report about information from applications or submissions before making a decision.”

Before a hearing or decision is made, a local authority can ask for a report on information from the applicant or people who made submissions. This report can be prepared by someone from the local authority or by someone hired to do it.

The report doesn’t need to repeat information that’s already in the application. It can use all or part of that information instead.

If there’s a hearing, the report can be looked at during it. If the report is written down, the local authority has to give a copy to the applicant and to people who made submissions and want to be heard. They need to get the copy either 15 or 5 working days before the hearing, depending on certain rules.

For people who made submissions but don’t want to be heard, the local authority has to make the report available at their office and let these people know it’s there.

The local authority can decide not to follow some of these rules if they think no one will be unfairly affected by not getting the report or being told about it.

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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.

Topics:
Government and voting > Local councils
Environment and resources > Town planning
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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).