Resource Management Act 1991

205 Submissions to special tribunal

• (1) Any person may make submissions to the special tribunal about an application which is notified in accordance with section 204.

  (2) Sections 37, 96(5) and (6), and 98 shall, with all necessary modifications, apply in respect of every submission made under subsection (1) as if—

  • (a) every reference therein to a consent authority were a reference to the tribunal; and

  • (b) every reference therein to a consent were a reference to an order; and

  • (c) the reference in section 96(6)(a) to section 97 were a reference to subsection (7) of this section.

  (3) Any person who supports the making of a water conservation order but who would prefer—

  • (a) that the order instead preserve a different but related water body in the same catchment; or

  • (b) that different features and qualities of the water body be preserved,—

  shall endeavour, in his or her submission,—

  • (c) to make that preference known to the tribunal; and

  • (d) to specify the reasons for the preference, referring, where practicable, to the matters set out in sections 199, 200, and 207; and

  • (e) to describe the provisions which, in the person's opinion, should be included in the water conservation order and the effect that those provisions would have on the water body.

  (4) Any submission that does not contain all the matters referred to in subsection (3) may nevertheless be considered by the tribunal.

  (5) Any person who makes a submission opposing the making of an order shall specify the reasons why he or she considers the proposed order is not justified in terms of section 199 and section 207.

  (6) The special tribunal may, by notice in writing, require any person making a submission to supply such further information in respect of the submission as the special tribunal considers necessary.

  (7) The closing date for serving submissions on a special tribunal is the 20th working day after notification of the application under section 204 is complete or such later date as is notified under section 37.

  Section 205(2): amended, on 1 October 2009, by section 121(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 205(2)(b): amended, on 1 October 2009, by section 121(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 205(2)(c): inserted, on 1 October 2009, by section 121(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).