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Resource Management Act 1991

Functions, powers, and duties of central and local government - Information for post-settlement governance entities

42AA: Provision of relevant information to post-settlement governance entity

You could also call this:

“The law says people in charge must tell Māori groups about new building plans near their special places.”

When a government body (called a consent authority) used to have to give information about resource consent applications to a post-settlement governance entity, but doesn’t have to anymore, they still need to share this information. This applies to activities that happen in, next to, or directly affect an area that’s important to the post-settlement governance entity.

The consent authority must give the post-settlement governance entity a summary of the application or a copy of the notice about it. The summary should be the same as what they’d give to someone affected by the application, or as agreed between the two parties.

The consent authority needs to give the summary to the post-settlement governance entity as soon as they can after getting the application, but before they decide if they need to tell others about it. If it’s a notice, they need to give it within 10 working days of receiving it.

The post-settlement governance entity can choose not to receive this information if they want to. They just need to tell the consent authority in writing.

This doesn’t change the consent authority’s job to decide if they need to tell others about an application or if the post-settlement governance entity is affected by an activity.

In this part of the law, ‘legislation’ means any kind of law or rule made by the government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS934391.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
Māori affairs > Māori land
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“The local authority can ask for a report about information from applications or submissions before making a decision.”

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“A group was created to help protect the environment, but it doesn't exist anymore.”

Part 4 Functions, powers, and duties of central and local government
Information for post-settlement governance entities

42AAProvision of relevant information to post-settlement governance entity

  1. This section applies if—

  2. a consent authority is or was required by legislation to provide to a post-settlement governance entity relevant information relating to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area of a post-settlement governance entity; and
    1. the requirement to provide the relevant information no longer applies (for example, through the expiry of any period specified in the legislation).

      1. The consent authority must provide the post-settlement governance entity with relevant information relating to an application for a resource consent.

      2. In this section, relevant information means the following information relating to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area of the post-settlement governance entity:

      3. if the application is received by the consent authority, a summary of the application; or
        1. if a notice of the application is served on the consent authority under section 145(10), a copy of the notice.

          1. The summary must be the same as would be given to an affected person by limited notification under section 95B or as may be agreed between the post-settlement governance entity and the consent authority.

          2. A consent authority must provide the post-settlement governance entity—

          3. with the summary—
            1. as soon as is reasonably practicable after the consent authority receives the application for the resource consent; but
              1. before the relevant consent authority decides under section 95 whether to notify the application; and
              2. with the copy of the notice not later than 10 working days after the day on which the consent authority receives the notice.

                1. The post-settlement governance entity may, by written notice to a consent authority,—

                2. waive the right to be provided with the summary or copy of the notice; and
                  1. state the scope of that waiver and the period it applies for.

                    1. This section does not affect the obligation of a consent authority to decide,—

                    2. under section 95, whether to notify an application:
                      1. under section 95E, whether the post-settlement governance entity is an affected person in relation to an activity.

                        1. In this section, legislation has the meaning given in section 5 of the Legislation Act 2019 and includes any enactment.

                        Notes
                        • Section 42AA: inserted, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).