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Resource Management Act 1991

Resource consents - Hearings

101: Hearing date and notice

You could also call this:

“This explains when and how people are told about a meeting to talk about permissions for using land or water.”

When a hearing is needed for a resource consent application, the consent authority will choose a date, time, and place for it to start. If the application wasn’t notified to the public, the hearing must begin within 35 working days after the application was first given to the consent authority.

The consent authority must tell people about the hearing at least 10 working days before it starts. They need to inform the person who applied for the resource consent and anyone who made a submission about the application and said they wanted to be heard. If someone made a submission but later said they don’t want to be heard anymore, the authority doesn’t need to tell them about the hearing.

Sometimes, there might be a joint hearing under section 102. This is when multiple consent authorities hear applications together. If this happens, all the consent authorities must make sure that everyone who applied and everyone who made a submission knows about the joint 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=DLM234345.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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“If someone asks, a special person can listen to and decide about building plans instead of the council.”

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Part 6 Resource consents
Hearings

101Hearing date and notice

  1. If a hearing of an application for a resource consent is to be held, the consent authority shall fix a commencement date and time, and the place, of the hearing.

  2. If the application was not notified, the date for the commencement of the hearing must be within 35 working days after the date the application was first lodged with the consent authority.

  3. Repealed

  4. The consent authority shall give at least 10 working days' notice of the commencement date and time, and the place, of a hearing of an application for a resource consent to—

  5. the applicant; and
    1. every person who made a submission on the application stating his or her wish to be heard and who has not subsequently advised that he or she does not wish to be heard.

      1. Where a joint hearing is to be held under section 102 the consent authorities concerned shall ensure that every applicant and every person who made a submission is aware of the joint hearing.

      Notes
      • Section 101(2): replaced, on , by section 101 of the Resource Management Amendment Act 2013 (2013 No 63).
      • Section 101(2A): repealed, on , by section 79 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
      • Section 101(4): amended, on , by section 51(3) of the Resource Management Amendment Act 1993 (1993 No 65).