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Resource Management Act 1991

Functions, powers, and duties of central and local government - Powers and duties in relation to hearings

41D: Striking out submissions

You could also call this:

“A person in charge can remove comments that are unfair, unhelpful, or rude during a meeting about important decisions.”

When someone in authority is holding a hearing about a matter described in [section 39(1)], they can decide to remove a submission or part of a submission. They can do this if they believe at least one of these things is true:

The submission is silly or meant to annoy others.

The submission doesn’t show any reasonable or relevant argument.

Allowing the submission would be unfair to the hearing process.

The submission is only backed up by evidence that claims to be from an independent expert, but the person who prepared it isn’t actually independent or doesn’t have enough special knowledge or skill to give expert evidence on the topic.

The submission has rude or offensive language in it.

The person in authority can make this decision before, during, or after the hearing. They must write down the reasons for their decision.

If your submission is removed, in whole or in part, you have the right to object to this decision under [section 357].

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7471354.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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“How people in charge can ask for information and tell others what to do before or during a meeting about building things”

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“Keeping certain information secret to protect important things like Māori customs or business secrets”

Part 4 Functions, powers, and duties of central and local government
Powers and duties in relation to hearings

41DStriking out submissions

  1. An authority conducting a hearing on a matter described in section 39(1) may direct that a submission or part of a submission be struck out if the authority is satisfied that at least 1 of the following applies to the submission or the part:

  2. it is frivolous or vexatious:
    1. it discloses no reasonable or relevant case:
      1. it would be an abuse of the hearing process to allow the submission or the part to be taken further:
        1. it is supported only by evidence that, though purporting to be independent expert evidence, has been prepared by a person who is not independent or who does not have sufficient specialised knowledge or skill to give expert evidence on the matter:
          1. it contains offensive language.

            1. An authority—

            2. may make a direction under this section before, at, or after the hearing; and
              1. must record its reasons for any direction made.

                1. A person whose submission is struck out, in whole or in part, has a right of objection under section 357.

                Notes
                • Section 41D: inserted, on , by section 132 of the Resource Legislation Amendment Act 2017 (2017 No 15).