Section 35A — Resource Management Act 1991: Duty to keep records about iwi and hapu

35A Duty to keep records about iwi and hapu (1) For the purposes of this Act, a local authority must keep and maintain, for each iwi and hapu within its region or district, a record of— (a) the contact details of each iwi authority within the region or district and any groups within the region or district that represent hapu for the purposes of this Act; and (b) the planning documents that are recognised by each iwi authority and lodged with the local authority; and (c) any area of the region or district over which 1 or more iwi or hapu exercise kaitiakitanga. (2) For the purposes of subsection (1)(a) and (c) ,— (a) the Crown must provide to each local authority information on— (i) the iwi authorities within the region or district of that local authority and the areas over which 1 or more iwi exercise kaitiakitanga within that region or district; and (ii) any groups that represent hapu for the purposes of this Act within the region or district of that local authority and the areas over which 1 or more hapu exercise kaitiakitanga within that region or district; and (iii) the matters provided for in subparagraphs (i) and (ii) that the local authority has advised to the Crown; and (b) the local authority must include in its records all the information provided to it by the Crown under paragraph (a) . (3) In addition to any information provided by a local authority under subsection (2)(a)(iii) , the local authority may also keep a record of information relevant to its region or district, as the case may be,— (a) on iwi, obtained directly from the relevant iwi authority; and (b) on hapu, obtained directly from the relevant group representing the hapu for the purposes of this Act. (4) In this section, the requirement under subsection (1) to keep and maintain a record does not apply in relation to hapu unless a hapu, through the group that represents it for the purposes of this Act, requests the Crown or the relevant local authority (or both) to include the required information for that hapu in the record. (5) If information recorded under subsection (1) conflicts with a provision of another enactment, advice given under the other enactment, or a determination made under the other enactment, as the case may be,— (a) the provision of the other enactment prevails; or (b) the advice given under the other enactment prevails; or (c) the determination made under the other enactment prevails. (6) Information kept and maintained by a local authority under this section must not be used by the local authority except for the purposes of this Act. Section 35A was inserted, as from 10 August 2005, by section 16 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.