Resource Management Act 1991

Water conservation orders

206: Conduct of hearing

You could also call this:

“Rules for how a special group listens to people's ideas about protecting water”

When the Minister gets an application for a water conservation order, they must quickly give it to a special group called a special tribunal. The Minister also gives the tribunal any other important information they have about the application.

The special tribunal follows some rules that are usually used for other parts of resource management. These rules are about how to run hearings and make decisions. When the tribunal uses these rules, they pretend that they are the “consent authority” and that the water conservation order is a “resource consent”.

The tribunal has to start their hearing within a certain time after they finish getting people’s opinions about the application. If they’ve asked for more information, they have 40 working days to start. If they haven’t asked for more information, they have 25 working days.

The hearing has to happen at a place that’s close to the water that the application is about. This makes it easier for local people to be involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236760.

Topics:
Environment and resources > Conservation
Government and voting > Local councils

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“Anyone can share their thoughts on water protection plans with a special group”


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“This tells you what things to think about when deciding if water should be protected by special rules.”

Part 9 Water conservation orders

206Conduct of hearing

  1. The Minister shall, without delay, provide a special tribunal with the application in respect of which it has been appointed and any other relevant information received or held by the Minister.

  2. Repealed
  3. Sections 39, 40 to 42, 99 to 100, and 101 shall, with all necessary modifications, apply in respect of an application to a special tribunal as if—

  4. every reference in those sections to a consent authority were a reference to the special tribunal; and
    1. every reference in those sections to a resource consent were a reference to a water conservation order.
      1. However, section 101(2) does not apply to the application, and the date for the commencement of the hearing is as follows:

      2. if the special tribunal gives a direction under section 41B, the date must be within 40 working days after the closing date for submissions on the application:
        1. if the special tribunal does not give a direction under section 41B, the date must be within 25 working days after the closing date for submissions on the application.
          1. In addition, any hearing must be held at a place determined by the special tribunal that is near the water body to which the application relates.

          Notes
          • Section 206(2): repealed, on , by section 122(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 206(3): amended, on , by section 121(1) of the Resource Management Amendment Act 2013 (2013 No 63).
          • Section 206(3A): inserted, on , by section 121(2) of the Resource Management Amendment Act 2013 (2013 No 63).
          • Section 206(4): replaced, on , by section 121(3) of the Resource Management Amendment Act 2013 (2013 No 63).