Resource Management Act 1991 No 69 (as at 01 October 2011), Public Act

5 Public notice and provision of document to public bodies
  • (1) A local authority that has prepared a proposed policy statement or plan shall publicly notify it.

    (1A) A territorial authority shall, not earlier than 60 working days before public notification or later than 10 working days after public notification of its plan, either—

    • (a) send a copy of the public notice, and such further information as the territorial authority thinks fit relating to the proposed plan, to every ratepayer for the area of the territorial authority where that person, in the territorial authority's opinion, is likely to be directly affected by the proposed plan; or

    • (b) include the public notice, and such further information as the territorial authority thinks fit relating to the proposed plan, in any publication or circular which is issued or sent to all residential properties and Post Office box addresses located in the affected area—

    and shall send a copy of the public notice to any other person who, in the territorial authority's opinion, is directly affected by the plan.

    (1B) Notwithstanding subclause (1A), a territorial authority shall ensure that notice is given of any requirement or modification of a designation or heritage order under clause 4 to land owners and occupiers who, in the territorial authority's opinion, are likely to be directly affected.

    (1C) A regional council shall, not earlier than 60 working days before public notification or later than 10 working days after public notification, send a copy of the public notice and such further information as the regional council thinks fit relating to the proposed policy statement or plan to any person who, in the regional council's opinion, is likely to be directly affected by the proposed policy statement or plan.

    (2) Public notice under subclause (1) shall state—

    • (a) where the proposed policy statement or plan may be inspected; and

    • (b) that any person may make a submission on the proposed policy statement or plan; and

    • (c) the process for public participation in the consideration of the proposed policy statement or plan; and

    • (d) the closing date for submissions; and

    • (e) the address for service of the local authority.

    (3) The closing date for submissions—

    • (a) shall, in the case of a proposed policy statement or plan, be at least 40 working days after public notification; and

    • (b) shall, in the case of a proposed change or variation to a policy statement or plan, be at least 20 working days after public notification.

    (4) A local authority shall provide 1 copy of its proposed policy statement or plan without charge to—

    • (a) the Minister for the Environment; and

    • (b) [Repealed]

    • (c) in the case of a regional coastal plan, the Minister of Conservation and the appropriate regional conservator for the Department of Conservation; and

    • (d) in the case of a district plan, the regional council and adjacent local authorities; and

    • (e) in the case of a policy statement or regional plan, constituent territorial authorities, and adjacent regional councils; and

    • (f) the tangata whenua of the area, through iwi authorities.

    • (g) [Repealed]

    (5) A local authority shall make any proposed policy statement or plan prepared by it available in every public library in its area and in every other place in its area that it considers appropriate.

    (6) The obligation imposed by subclause (5) is in addition to the local authority's obligations under section 35 (records).

    Schedule 1 clause 5(1): substituted, on 7 July 1993, by section 211(1) of the Resource Management Amendment Act 1993 (1993 No 65).

    Schedule 1 clause 5(1A): inserted, on 7 July 1993, by section 211(1) of the Resource Management Amendment Act 1993 (1993 No 65).

    Schedule 1 clause 5(1A)(a): amended, on 1 October 2009, by section 149(7) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Schedule 1 clause 5(1A)(a): amended, on 7 July 2004, by section 13 of the Local Government (Rating) Amendment Act 2004 (2004 No 66).

    Schedule 1 clause 5(1B): inserted, on 7 July 1993, by section 211(1) of the Resource Management Amendment Act 1993 (1993 No 65).

    Schedule 1 clause 5(1C): inserted, on 7 July 1993, by section 211(1) of the Resource Management Amendment Act 1993 (1993 No 65).

    Schedule 1 clause 5(3)(b): amended, on 7 July 1993, by section 211(2) of the Resource Management Amendment Act 1993 (1993 No 65).

    Schedule 1 clause 5(4)(b): repealed, on 10 August 2005, by section 129(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Schedule 1 clause 5(4)(f): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Schedule 1 clause 5(4)(f): amended, on 10 August 2005, by section 129(1) of the Resource Management Amendment Act 2005 (2005 No 87).

    Schedule 1 clause 5(4)(g): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).