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Resource Management Act 1991

Resource consents - Hearings

103B: Requirement to provide report and other evidence before hearing

You could also call this:

“Everyone must share their important information before the meeting about building things”

When you apply for a resource consent that was notified, there will be a hearing. Before this hearing, some important things need to happen:

The consent authority (like your local council) must give you and anyone who made a submission and wants to be heard some information at least 15 working days before the hearing. This includes a written report and any other evidence they plan to use.

If you’re the one applying for the resource consent, you need to give the consent authority your evidence at least 10 working days before the hearing.

If you made a submission and want to bring an expert to speak at the hearing, you need to give the consent authority and the person applying for the consent your expert’s evidence at least 5 working days before the hearing.

The consent authority will make all this evidence available at their office. They’ll do this for people who made submissions, even if they don’t want to speak at the hearing. They’ll let everyone know when the evidence is ready to look at.

These rules are very important and override some other parts of the law. This helps make sure everyone has a fair chance to prepare for the hearing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6399400.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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103A: Time limit for completion of hearing of notified application, or

“There's a limit on how long it can take to finish a hearing about a resource request that people were told about.”

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104: Consideration of applications, or

“When someone wants to do something that needs permission, the people in charge have to look at how it might affect things and follow the rules before they decide.”

Part 6 Resource consents
Hearings

103BRequirement to provide report and other evidence before hearing

  1. This section applies to a hearing of an application for a resource consent that was notified.

  2. The consent authority must provide the following (the authority's evidence) to the applicant, and to every person who made a submission and stated a wish to be heard at the hearing, at least 15 working days before the hearing:

  3. a copy of any written report prepared under section 42A(1); and
    1. briefs of any other evidence to be called by the authority.

      1. The applicant must provide briefs of evidence (the applicant's evidence) to the consent authority at least 10 working days before the hearing.

      2. A person who has made a submission and who is intending to call expert evidence must provide briefs of the evidence (the submitter's evidence) to the consent authority and the applicant at least 5 working days before the hearing.

      3. The consent authority must make the following available at its office to the persons specified:

      4. the authority's evidence, to any person who made a submission and did not state a wish to be heard:
        1. the applicant's evidence, to any person who made a submission:
          1. any submitter's evidence, to any other person who made a submission.

            1. The consent authority must give written or electronic notice that evidence is available at its office to each person to whom the evidence is made available.

            2. This section overrides sections 41B and 42A(3) to (5).

            Notes
            • Section 103B: inserted, on , by section 102 of the Resource Management Amendment Act 2013 (2013 No 63).