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Resource Management Act 1991

Resource consents - Hearings

102: Joint hearings by 2 or more consent authorities

You could also call this:

“When you apply to multiple groups for permission for one project, they often have a single meeting to discuss it together.”

When you apply for resource consents to two or more consent authorities for the same project, they usually hold a joint hearing. This means they will hear and consider your applications together, unless they all agree the applications are not related, and you agree a joint hearing is not needed. The regional council will usually organise the hearing and provide administrative services.

If the consent authorities hold a joint hearing, they will usually make a joint decision on your applications. However, they might not make a joint decision if one of the applications is for a restricted coastal activity, or if one of the authorities thinks it is not a good idea. When they make a joint decision, they must say who is responsible for administering any consents granted, and how they will share the costs.

If the consent authorities make separate decisions and all agree to grant a resource consent, they must ensure the conditions are consistent. If someone appeals a joint decision under section 120, the respondent will be the consent authority whose consent is being appealed. This rule also applies to other matters the consent authorities can decide on under the Resource Management Act.

If a consent authority delegates its powers to a hearings commissioner under section 100A, the commissioner must represent the authority at the joint hearing. The commissioner will make decisions on behalf of the consent authority for the matters that were delegated.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234350.

Topics:
Environment and resources > Town planning Government and voting > Local councils
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101: Hearing date and notice, or

"When and where a hearing about your resource consent application will happen, and who gets told about it."

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103: Combined hearings in respect of 2 or more applications, or

"Hearing all your applications together for the same project"

Part 6 Resource consents
Hearings

102Joint hearings by 2 or more consent authorities

  1. Where applications for resource consents in relation to the same proposal have been made to 2 or more consent authorities, and those consent authorities have decided to hear the applications, the consent authorities shall jointly hear and consider those applications unless—

  2. all the consent authorities agree that the applications are sufficiently unrelated that a joint hearing is unnecessary; and
    1. the applicant agrees that a joint hearing need not be held.

      1. When a joint hearing is to be held, the regional council for the area concerned shall be responsible for notifying the hearing, setting the procedure, and providing administrative services, unless the consent authorities involved in the hearing agree that another authority should be so responsible.

      2. Where 2 or more consent authorities jointly hear applications for resource consents, they shall jointly decide those applications unless—

      3. any application is for a restricted coastal activity; or
        1. any of the consent authorities consider on reasonable grounds that it is not appropriate to do so.

          1. Where 2 or more consent authorities jointly decide applications for a resource consent in accordance with subsection (3), they shall identify in their decision on those applications—

          2. their respective responsibilities for the administration of any consents granted, including monitoring and enforcement; and
            1. the manner in which administrative charges will be allocated between the consent authorities,—
                1. and any consent shall be issued by the relevant consent authority accordingly.

              1. Where 2 or more consent authorities separately decide applications, and all the consent authorities have agreed to grant a resource consent, they shall ensure any conditions to be imposed are not inconsistent with each other.

              2. In any appeal under section 120 against a joint decision under subsection (4), the respondent shall be the consent authority whose consent is the subject of the appeal.

              3. This section shall also apply to any other matter the consent authorities are empowered to decide or recommend on under this Act in relation to the same proposal.

              4. If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 100A, and a joint hearing under this section includes the matter, then those commissioners must represent the consent authority in the joint hearing in relation to the matter.

              Notes
              • Section 102(4A): inserted, on , by section 52(1) of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 102(6): inserted, on , by section 52(2) of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 102(7): inserted, on , by section 80 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).