102 Joint hearings by 2 or more consent authorities

(1)

Where applications for resource consents in relation to the same proposal have been made to 2 or more consent authorities, and those consent authorities have decided to hear the applications, the consent authorities shall jointly hear and consider those applications unless—

(a)

all the consent authorities agree that the applications are sufficiently unrelated that a joint hearing is unnecessary; and

(b)

the applicant agrees that a joint hearing need not be held.

(2)

When a joint hearing is to be held, the regional council for the area concerned shall be responsible for notifying the hearing, setting the procedure, and providing administrative services, unless the consent authorities involved in the hearing agree that another authority should be so responsible.

(3)

Where 2 or more consent authorities jointly hear applications for resource consents, they shall jointly decide those applications unless—

(a)

any application is for a restricted coastal activity; or

(b)

any of the consent authorities consider on reasonable grounds that it is not appropriate to do so.

(4)

Where 2 or more consent authorities jointly decide applications for a resource consent in accordance with subsection (3), they shall identify in their decision on those applications—

(a)

their respective responsibilities for the administration of any consents granted, including monitoring and enforcement; and

(b)

the manner in which administrative charges will be allocated between the consent authorities,—

and any consent shall be issued by the relevant consent authority accordingly.

(4A)

Where 2 or more consent authorities separately decide applications, and all the consent authorities have agreed to grant a resource consent, they shall ensure any conditions to be imposed are not inconsistent with each other.

(5)

In any appeal under section 120 against a joint decision under subsection (4), the respondent shall be the consent authority whose consent is the subject of the appeal.

(6)

This section shall also apply to any other matter the consent authorities are empowered to decide or recommend on under this Act in relation to the same proposal.

(7)

If a consent authority delegates its functions, powers, and duties in relation to a matter to 1 or more hearings commissioners in accordance with section 100A, and a joint hearing under this section includes the matter, then those commissioners must represent the consent authority in the joint hearing in relation to the matter.

Section 102(4A): inserted, on 7 July 1993, by section 52(1) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 102(6): inserted, on 7 July 1993, by section 52(2) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 102(7): inserted, on 1 October 2009, by section 80 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).