Resource Management Act 1991

Resource consents - Hearings

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

You could also call this:

"You can ask for a special person to decide your resource consent application instead of the local council."

If you apply for a resource consent and your application is notified, a hearing will be held as stated in section 100. You, or someone who makes a submission on your application, can ask in writing for a local authority to delegate its functions to a hearings commissioner. This means the commissioner will hear and decide your application instead of the local authority.

You must make this request within 5 working days after the closing date for submissions on your application. If the local authority gets your request, they must delegate their functions to one or more hearings commissioners who are not part of the local authority, as stated in section 34A(1).

The local authority will choose a hearings commissioner to hear your application.

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This page was last updated on 19 May 2025

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 planningHousing and property > Land use

100: Obligation to hold a hearing, or

"When a hearing is needed for a resource consent application"

101: Hearing date and notice, or

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

Part 6Resource consents
Hearings

100AHearing by commissioner if requested by applicant or submitter

This section applies in relation to an application for a resource consent if—
the application is notified; and
in accordance with section 100, a hearing of the application is to be held.

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).
The request must be made no later than 5 working days after the closing date for submissions on the application.
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 1 October 2009, by section 78 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).