Section 130 — Resource Management Act 1991: Public notification, submissions, and hearing, etc

130 Public notification, submissions, and hearing, etc (1) Sections 96 to 102 shall, with all necessary modifications, apply in respect of a review of any resource consent (other than a coastal permit granted in respect of a restricted coastal activity) as if— (a) The notice of review under section 129 were an application for a resource consent; and (b) The consent holder were the applicant for the resource consent. (2) Where the Minister of Conservation reviews a consent granted in respect of a restricted coastal activity, the hearing shall be conducted by a hearing committee set up under section 117 , and sections 96 to 102 and section 118 (which relate to hearings, the decision of a hearing committee, and rights of inquiry) shall apply with all necessary modifications to its recommendation to the Minister as if— (a) A hearing committee were a consent authority; and (b) A recommendation were a decision; and (c) A notice of review were an application for a resource consent; and (d) The consent holder were the applicant for a resource consent. (3) Sections 93 to 94C apply, with all necessary modifications, as if— (a) the review of consent conditions were an application for a resource consent for a discretionary activity; and (b) the references to a resource consent and to the activity were references only to the review of the conditions and to the effects of the change of conditions respectively. (4) Subsection (3) applies whether or not— (a) Notification is required by a plan or proposed plan; or (b) The review relates to a resource consent in respect of a controlled, restricted discretionary, discretionary, or non-complying activity. (5) If a regional plan or regional coastal plan states that a rule will affect the exercise of existing resource consents under section 68(7) , a consent authority— (a) is not required to comply with section 93(2) or section 94(1) ; but (b) must hear submissions only from the consent holder if the consent holder requests (within 20 working days of service of the notice under section 129 ) to be heard. (6) Where a consent which would otherwise be heard under subsection (5) is a consent granted for a restricted coastal activity, the provisions of subsection (2) shall apply except that the hearing committee shall only hear from the consent holder and the Minister of Conservation. (7) Notwithstanding subsections (5) and (6) , if a consent authority considers special circumstances exist, it may require that a review be notified and a hearing be held even if a plan expressly states that a rule shall affect the exercise of existing consents under section 68(7) . (8) When reviewing the conditions of a resource consent under section 128(1)(ba) , the consent authority must serve on the Minister notice of the review, and the Minister may— (a) make a submission to the consent authority; and (b) request to be heard. Subsection (3) was substituted, as from 1 August 2003, by section 56(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (4)(b) was amended, as from 7 July 1993, by section 75(1) Resource Management Amendment Act 1993 (1993 No 65) by omitting the word “ permitted, ” . Subsection (4)(b) was amended, as from 1 August 2003, by section 56(2) Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ restricted discretionary, ” after the word “ controlled, ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (5) was inserted, as from 7 July 1993, by section 75(2) Resource Management Amendment Act 1993 (1993 No 65). Subsection (5) was substituted, as from 1 August 2003, by section 56(3) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsections (6), and (7) were inserted, as from 7 July 1993, by section 75(2) Resource Management Amendment Act 1993 (1993 No 65). Subsection (8) was inserted, as from 1 August 2003, by section 56(4) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.