100A Hearing by commissioner if requested by applicant or submitter

(1)

This section applies in relation to an application for a resource consent if—

(a)

the application is notified; and

(b)

in accordance with section 100, a hearing of the application is to be held.

(2)

The applicant, or a person who makes a submission on the application, may request in writing that a local authority delegate its functions, powers, and duties required to hear and decide the application in accordance with subsection (4).

(3)

The request must be made no later than 5 working days after the closing date for submissions on the application.

(4)

If the local authority receives a request under subsection (2), it must delegate, under section 34A(1), its functions, powers, and duties required to hear and decide the application to 1 or more hearings commissioners who are not members of the local authority.

Section 100A: inserted, on 1 October 2009, by section 78 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).