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Resource Management Act 1991

Resource consents - Pre-hearing meetings and mediation

99: Pre-hearing meetings

You could also call this:

"Meetings to discuss and solve issues before a resource consent hearing"

When you apply for a resource consent, the consent authority might ask you to attend a meeting with them and other people who have made submissions. You might meet with the authority, the people who made submissions, and others the authority thinks should be there. The authority wants to clarify issues or help resolve problems.

The authority can ask you to attend a meeting on its own or because someone else asked for it. They can only ask you to meet to clarify something or to help solve a problem. If you do not attend the meeting and do not have a good reason, the authority might not consider your application or submission.

After the meeting, the chairperson will write a report that says what issues were agreed on and what issues are still outstanding. The report might also say what evidence will be presented at the hearing and in what order. The chairperson will send the report to the authority and all the parties at least 5 working days before the hearing.

The consent authority will consider the report when making its decision on your application. If you fail to attend a meeting without a good reason, you might not be able to appeal the decision under section 120 but you can object under section 357A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234338.

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Environment and resources > Town planningHousing and property > Land use
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98: Advice of submissions to applicant, or

"The people in charge must quickly tell you who sent in comments about your request."

Next

99A: Mediation, or

"Talking things through: Mediation helps you and others discuss issues when applying for a resource consent"

Part 6Resource consents
Pre-hearing meetings and mediation

99Pre-hearing meetings

  1. A consent authority may invite or require a person who has made an application for a resource consent and some or all of the persons who have made submissions on the application to attend a meeting with the following:

  2. each other or one another; and
    1. the authority; and
      1. anyone else whose presence at the meeting the authority considers appropriate.

        1. The authority may invite or require persons to attend a meeting—

        2. either—
          1. at the request of 1 or more of the persons; or
            1. on its own initiative; and
            2. only for the purpose of—
              1. clarifying a matter or issue; or
                1. facilitating resolution of a matter or issue.

                2. The authority may require persons to attend a meeting only with the consent of the person who made the application.

                3. A person who is a member, delegate, or officer of the authority, and who has the power to make the decision on the application that is the subject of the meeting, may attend and participate if—

                4. the authority is satisfied that its member, delegate, or officer should be able to attend and participate; and
                  1. all the persons at the meeting agree.

                    1. The chairperson of the meeting must, before the hearing, prepare a report that—

                    2. does not include anything communicated or made available at the meeting on a without prejudice basis; and
                      1. for the parties who attended the meeting,—
                        1. sets out the issues that were agreed; and
                          1. sets out the issues that are outstanding; and
                          2. for all the parties,—
                            1. may set out the nature of the evidence that the parties are to call at the hearing; and
                              1. may set out the order in which the parties are to call the evidence at the hearing; and
                                1. may set out a proposed timetable for the hearing.

                                2. The chairperson of the meeting must, before the hearing, send the report to the authority and all the parties so that they have it at least 5 working days before the hearing.

                                3. The consent authority must have regard to the report in making its decision on the application.

                                4. If a person required to attend a meeting fails to do so, and does not give a reasonable excuse, the consent authority may decline—

                                5. to process the person's application; or
                                  1. to consider the person's submission.

                                    1. If the consent authority declines, under subsection (8)(a), to process the person's application,—

                                    2. the person may not appeal under section 120 against the decision; and
                                      1. the person may object under section 357A against the decision.

                                        1. If the consent authority declines, under subsection (8)(b), to consider the person's submission, the person—

                                        2. may not appeal under section 120 against—
                                          1. the decision to decline to consider the submission; or
                                            1. the decision on the application; and
                                            2. may not become under section 274 a party to proceedings; and
                                              1. may object under section 357A against the decision to decline to consider the submission.

                                                Notes
                                                • Section 99: replaced, on , by section 57(2) of the Resource Management Amendment Act 2005 (2005 No 87).