Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Water conservation orders

206: Conduct of hearing

You could also call this:

"How a hearing is run when someone applies for a water conservation order"

When you apply for a water conservation order, the Minister gives a special tribunal the application and other relevant information. The tribunal follows rules like those in sections 39, 40 to 42, 99 to 100, and 101, but with some changes. These changes mean the tribunal is like a consent authority and the water conservation order is like a resource consent.

If the tribunal decides to, it can set a date for the hearing within 40 working days after submissions close, or within 25 working days if it does not make this decision, as stated in section 41B. You should note that section 101(2) does not apply in this case. The hearing must be held near the water body the application is about, as decided by the tribunal.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

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
Previous

205: Submissions to special tribunal, or

"How to have your say about a water conservation order to a special tribunal"

Next

207: Matters to be considered, or

"Things to think about when deciding on a water conservation order"

Part 9Water 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 Repealed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).