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Resource Management Act 1991

Resource consents - Hearings

100A: Hearing by commissioner if requested by applicant or submitter

You could also call this:

“If someone asks, a special person can listen to and decide about building plans instead of the council.”

If you apply for a resource consent and your application is notified, and a hearing is going to be held, you have some special rights. You, or anyone who makes a submission about your application, can ask the local authority to let someone else decide on the application. This person is called a hearings commissioner.

To ask for this, you need to write to the local authority. You must do this within 5 working days after the last day for making submissions about the application.

If someone asks for a hearings commissioner, the local authority must agree. They will choose one or more commissioners who are not part of the local authority. These commissioners will then take over the job of hearing about the application and making the decision.

This rule is part of section 100A of the Resource Management Act 1991. It’s designed to give you a fair hearing by someone who isn’t involved with the local authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2416444.

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

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

Part 6 Resource consents
Hearings

100AHearing by commissioner if requested by applicant or submitter

  1. This section applies in relation to an application for a resource consent if—

  2. the application is notified; and
    1. in accordance with section 100, a hearing of the application is to be held.

      1. The applicant, or a person who makes a submission on the application, may request in writing that a local authority delegate its functions, powers, and duties required to hear and decide the application in accordance with subsection (4).

      2. The request must be made no later than 5 working days after the closing date for submissions on the application.

      3. If the local authority receives a request under subsection (2), it must delegate, under section 34A(1), its functions, powers, and duties required to hear and decide the application to 1 or more hearings commissioners who are not members of the local authority.

      Notes
      • Section 100A: inserted, on , by section 78 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).