35A Duty to keep records about iwi and hapu

(1)

For the purposes of this Act or regulations under this Act, a local authority must keep and maintain, for each iwi and hapu within its region or district, a record of—

(a)

the contact details of each iwi authority within the region or district and any groups within the region or district that represent hapu for the purposes of this Act or regulations under this Act; and

(b)

the planning documents that are recognised by each iwi authority and lodged with the local authority; and

(c)

any area of the region or district over which 1 or more iwi or hapu exercise kaitiakitanga; and

(d)

any Mana Whakahono a Rohe entered into under section 58O.

(2)

For the purposes of subsection (1)(a) and (c),—

(a)

the Crown must provide to each local authority information on—

(i)

the iwi authorities within the region or district of that local authority and the areas over which 1 or more iwi exercise kaitiakitanga within that region or district; and

(ii)

any groups that represent hapu for the purposes of this Act or regulations under this Act within the region or district of that local authority and the areas over which 1 or more hapu exercise kaitiakitanga within that region or district; and

(iii)

the matters provided for in subparagraphs (i) and (ii) that the local authority has advised to the Crown; and

(b)

the local authority must include in its records all the information provided to it by the Crown under paragraph (a).

(3)

In addition to any information provided by a local authority under subsection (2)(a)(iii), the local authority may also keep a record of information relevant to its region or district, as the case may be,—

(a)

on iwi, obtained directly from the relevant iwi authority; and

(b)

on hapu, obtained directly from the relevant group representing the hapu for the purposes of this Act or regulations under this Act.

(4)

In this section, the requirement under subsection (1) to keep and maintain a record does not apply in relation to hapu unless a hapu, through the group that represents it for the purposes of this Act or regulations under this Act, requests the Crown or the relevant local authority (or both) to include the required information for that hapu in the record.

(5)

If information recorded under subsection (1) conflicts with a provision of another enactment, advice given under the other enactment, or a determination made under the other enactment, as the case may be,—

(a)

the provision of the other enactment prevails; or

(b)

the advice given under the other enactment prevails; or

(c)

the determination made under the other enactment prevails.

(6)

Information kept and maintained by a local authority under this section must not be used by the local authority except for the purposes of this Act or regulations under this Act.

(7)

Information required to be provided under this section must be provided in accordance with any prescribed requirements.

Section 35A: inserted, on 10 August 2005, by section 16 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 35A(1): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35A(1)(a): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35A(1)(c): amended, on 19 April 2017, by section 19(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 35A(1)(d): inserted, on 19 April 2017, by section 19(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 35A(2)(a)(ii): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35A(3)(b): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35A(4): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35A(6): amended, on 1 October 2009, by section 30 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 35A(7): inserted, on 4 September 2013, by section 8 of the Resource Management Amendment Act 2013 (2013 No 63).