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Resource Management Act 1991

Miscellaneous provisions - Rights of objection

357AB: Objection under section 357A(1)(f) or (g) may be considered by hearings commissioner

You could also call this:

“A special person can review your complaint about certain decisions if you ask”

If you apply for a resource consent, you have the right to object to certain decisions. These decisions are described in section 357A(1)(f) or (g) of the Resource Management Act. When you make an objection, you can ask for a hearings commissioner to look at it. A hearings commissioner is someone who isn’t part of the consent authority.

If you make this request, the consent authority must let one or more hearings commissioners handle your objection. These commissioners will use sections 357C and 357D of the Act to make their decision. They will do this instead of the consent 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=DLM7471380.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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357A: Right of objection to consent authority against certain decisions or requirements, or

“You can complain to the people in charge if you don't like certain decisions about building or using land.”

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357B: Right of objection in relation to imposition of additional charges or recovery of costs, or

“You can disagree if you're asked to pay extra money for things related to managing resources.”

Part 14 Miscellaneous provisions
Rights of objection

357ABObjection under section 357A(1)(f) or (g) may be considered by hearings commissioner

  1. An applicant for a resource consent who has a right of objection under section 357A(1)(f) or (g) (as applied by section 357A(2) to (5)) may, when making the objection, request that the objection be considered by a hearings commissioner.

  2. If a consent authority receives a request under this section, the authority must, under section 34A(1), delegate its functions, powers, and duties under sections 357C and 357D to 1 or more hearings commissioners who are not members of the consent authority.

Notes
  • Section 357AB: inserted, on , by section 167 of the Resource Legislation Amendment Act 2017 (2017 No 15).