Section 147 — Resource Management Act 1991: Conduct of inquiry

147 Conduct of inquiry (1) The Minister must, without delay, provide a board of inquiry appointed under section 146 with— (a) all matters received by the Minister; and (b) all submissions on the matters received by the Minister; and (c) all other information received by the Minister and relevant to the inquiry. (2) Section 101(1) to (3) applies to an inquiry, with the modifications described in subsections (3) and (4) and any other necessary modifications. (3) Section 101(1) to (3) applies as if— (a) a board of inquiry were a consent authority; and (b) the conduct of an inquiry were the hearing of an application for a resource consent; and (c) the closing date for submissions on the matter called in were the closing date for submissions on an application for a resource consent. (4) Section 101(1) to (3) applies subject to the following: (a) every inquiry must be held in public at a place near to the area to which the matter relates; and (b) the factors to which the board of inquiry must have regard include— (i) any relevant factor under section 141B(2) ; and (ii) the reasons stated under section 141C(b) . (5) A board of inquiry considering a matter that is an application for a resource consent— (a) has the same powers and duties as a local authority, except that the board— (i) may permit cross-examination; and (ii) must keep a full record of its hearings; and (b) must apply sections 37 , 92 , and 104 to 112 as if it were a consent authority. (6) A board of inquiry considering a matter that is a request for a change to be made to a regional plan or preparation of a regional plan under Schedule 1 — (a) has the same powers as a local authority under Part 2 of Schedule 1, except that— (i) clauses 27 and 29(6) to (8) do not apply; and (ii) the board may permit cross-examination; and (iii) the board must keep a full record of its hearings; and (b) must apply sections 37 and 66 to 70B as if it were a regional council. (7) A board of inquiry considering a matter that is a change to a district plan under Schedule 1 — (a) has the same powers as a local authority under Part 2 of Schedule 1, except that— (i) clauses 27 and 29(6) to (8) do not apply; and (ii) the board may permit cross-examination; and (iii) the board must keep a full record of its hearings; and (b) must apply sections 37 and 74 to 77D as if it were a territorial authority. (8) A board of inquiry considering a matter that is a notice of requirement under any of sections 168 , 168A , 189 , and 189A — (a) has the same powers as a territorial authority, except that the board— (i) may permit cross-examination; and (ii) must keep a full record of its hearings; and (b) must apply sections 37 , 169 to 171 , and 175 as if it were a territorial authority; and (c) must apply section 173 as if it were a territorial authority, except that its statement of the time within which an appeal may be lodged must say that the appeal is under section 149A ; and (d) must consider whether to confirm the requirement, modify it, impose conditions on it, or withdraw it; and (e) for the purposes of paragraph (d) , has the same powers as— (i) a requiring authority under section 172 ; or (ii) a heritage protection authority under section 192 . Sections 142 to 147 were substituted, as from 10 August 2005, by section 80 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.