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Resource Management Act 1991

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

39AA: Hearing using remote access facilities

You could also call this:

“Allows people to join meetings about important decisions from far away using phones or computers with video”

You should know about how hearings can happen using remote access facilities. This means ways to join a hearing from far away, like using a phone or video call.

There are three types of remote access: audio link (like a phone call), audiovisual link (like a video call), and other similar ways to join.

An authority can decide to have all or part of a hearing using remote access. They can decide this on their own or if someone who has the right to be heard at the hearing asks for it. The authority needs to think it’s fair and make sure the right technology is available.

If a hearing uses remote access, the authority should try to let the public watch it live for free, maybe on a website. If they can’t do that, they should put a recording or written record of the hearing on their website as soon as they can after it’s finished.

These rules don’t apply to some types of hearings, like when the authority is there in person and only some people join remotely, or for certain local government meetings.

Any hearing that used remote access before 25 March 2020 is okay under these rules. These rules started on 25 March 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS350216.

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Government and voting > Local councils
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Part 4 Functions, powers, and duties of central and local government
Powers and duties in relation to hearings

39AAHearing using remote access facilities

  1. In this section,—

    audio link means a facility (such as a telephone facility) that enables audio communication between an authority and 1 or more persons with a right to be heard at a hearing

      audiovisual link means a facility that enables both audio and visual communication between an authority and 1 or more persons with a right to be heard at a hearing

        remote access facility means any of the following:

        1. audio link:
          1. audiovisual link:
            1. any other similar facility.

            2. For the purposes of section 39, an authority may direct that a hearing or part of a hearing may be conducted using 1 or more remote access facilities.

            3. A direction may be made under subsection (2)—

            4. on the initiative of the authority itself; or
              1. at the request of any person with a right to be heard at the hearing under section 40.

                1. An authority may make a direction under subsection (2) provided that the authority—

                2. considers it appropriate and fair to do so; and
                  1. is satisfied that the necessary remote access facilities are available.

                    1. If a hearing is conducted in full or in part using a remote access facility, the authority must,—

                    2. if it is reasonably practicable to do so, enable access to the hearing by making the hearing available live and free of charge to the public, for example, on an Internet site; or
                      1. as soon as practicable after the hearing closes, make available free of charge on its Internet site—
                        1. an audio or a video recording of the hearing; or
                          1. a written transcript of the hearing.

                          2. This section does not apply—

                          3. to a public hearing if the relevant authority is represented by 1 or more persons appearing in person at the hearing and 1 or more persons make submissions or give evidence by means of a remote access facility; or
                            1. to a hearing to which section 47A of the Local Government Official Information and Meetings Act 1987 applies.

                              1. A hearing conducted in full or in part before 25 March 2020 using a remote access facility is deemed to comply with this section.

                              2. This section applies on and from 25 March 2020.

                              3. Repealed
                              Notes
                              • Section 39AA: inserted, on , by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13).
                              • Section 39AA heading: amended, on , by section 11(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                              • Section 39AA(8) heading: amended, on , by section 11(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                              • Section 39AA(9): repealed, on , by section 11(3) of the Resource Management Amendment Act 2020 (2020 No 30).