Further information

92 Further information, or agreement, may be requested

(1)

A consent authority may, at any reasonable time before the hearing of an application for a resource consent or before the decision to grant or refuse the application (if there is no hearing), by written notice, request the applicant for the consent to provide further information relating to the application.

(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.

(3B)

The consent authority must, as soon as is reasonably practicable after receiving the information or report, give written or electronic notice to every person who made a submission on the application that the information or report is available at the authority’s office.

(4)

This section does not apply to reports prepared under section 42A.

(5)

[Repealed]

Section 92: replaced, on 1 August 2003, by section 41 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 92 heading: replaced, on 10 August 2005, by section 52(1) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 92(1): amended, on 10 August 2005, by section 52(2) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 92(2): replaced, on 10 August 2005, by section 52(3) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 92(3): replaced, on 10 August 2005, by section 52(3) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 92(3A): inserted, on 10 August 2005, by section 52(3) of the Resource Management Amendment Act 2005 (2005 No 87).

Section 92(3B): inserted, on 1 October 2009, by section 73(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 92(5): repealed, on 1 October 2009, by section 73(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).