Te Awa Tupua (Whanganui River Claims Settlement) Act 2017

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Schedule 6 Te Awa Tupua register of hearing commissioners

ss 61, 62

1 Interpretation

In this schedule,—

relevant application means an application for a resource consent for an activity listed in clause 3

relevant authority means—

(a)

the Minister responsible for appointing a board of inquiry under the Resource Management Act 1991; or

(b)

a local authority that appoints a hearing panel for the purposes of Part 6 of the Resource Management Act 1991.

2 Maintenance of Te Awa Tupua register

(1)

Te Pou Tupua must keep the Te Awa Tupua register under review to ensure that it remains consistent with the requirements of section 62(2).

(2)

The register may be amended in the manner required for its development under section 61.

3 Application of provisions relating to hearing commissioners

The relevant applications for resource consents to which clauses 4 to 6 apply are applications that—

(a)

are, or are likely to be, notified; and

(b)

relate to any of the following:

(i)

taking, using, damming, or diverting water from or in the Whanganui River:

(ii)

making a point source discharge into the Whanganui River:

(iii)

undertaking an activity listed in section 13 of the Resource Management Act 1991 in relation to the Whanganui River:

(iv)

undertaking any other activity to which the relevant authority considers it is appropriate to apply those clauses.

4 Te Pou Tupua to be notified of certain applications

When a relevant authority receives a relevant application, the authority must inform Te Pou Tupua.

5 Relevant considerations when appointing hearing commissioners

(1)

When a relevant authority is appointing hearing commissioners to a hearing panel for a relevant application, the relevant authority—

(a)

must have particular regard to—

(i)

the Te Awa Tupua register; and

(ii)

Te Pā Auroa nā Te Awa Tupua:

(b)

may make appointments from the Te Awa Tupua register.

(2)

In making appointments from the Te Awa Tupua register, the relevant authority must be guided by the need for the hearing panel to reflect an appropriate range of skills, knowledge, and experience, including—

(a)

knowledge of the Whanganui River; and

(b)

an understanding of Te Awa Tupua; and

(c)

an understanding of Te Pā Auroa nā Te Awa Tupua.

(3)

The relevant authority must make its final decision on the appointment of hearing commissioners—

(a)

in accordance with the relevant appointment process set out in the Resource Management Act 1991; and

(b)

in consultation with Te Pou Tupua.

6 No conflict of interest

Persons on the Te Awa Tupua register who are members of an iwi with interests in the Whanganui River are not, by virtue only of that fact, disqualified from appointment as hearing commissioners.