New Zealand Acts

RESOURCE MANAGEMENT AMENDMENT ACT 2005 - SECT 52

52 Further information may be required

1 Section 92 of the principal Act is amended by omitting the heading, and substituting the heading Further information, or agreement, may be requested.

2 Section 92(1) of the principal Act is amended by omitting the word require, and substituting the word request.

3 Section 92 of the principal Act is amended by repealing subsections (2) and (3), and substituting the following subsections:

2 At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a consent authority may commission any person to prepare a report on any matter relating to an application, including information provided by the applicant in the application or under this section, if all the following apply:

a) the activity for which the resource consent is sought may, in the authority's opinion, have a significant adverse environmental effect; and

b) the applicant is notified before the authority commissions the report; and

c) the applicant does not refuse, under section 92B(1) , to agree to the commissioning of the report.

3 The consent authority must notify the applicant, in writing, of its reasons for—

a) requesting further information under subsection (1) ; or

b) wanting to commission a report under subsection (2) .

3A The information or report must be available at the office of the consent authority no later than 10 working days before the hearing of an application. This subsection does not apply if—

a) the applicant refuses, under section 92A , to provide the further information; or

b) the applicant refuses, under section 92B , to agree to the commissioning of the report.

4 Section 92(5) of the principal Act is amended by omitting the expression 357 and, and substituting the words 357A(1) and 357C to.