Section 39 — Resource Management Act 1991: Hearings to be public and without unnecessary formality

39 Hearings to be public and without unnecessary formality (1) Where a local authority, a consent authority, or a person given authority to conduct hearings under any of sections 33 , 34 , 34A , 117 , 146 , 202 , or 357C , holds a hearing in relation to— (a) A proposed policy statement, plan, or change or variation to a policy statement or plan; or (b) An application for a resource consent; or (c) An application for a review of a resource consent; or (d) An application to change any condition of a resource consent; or (e) An application that has been called-in under section 141B(1)(a) ; or (f) A requirement for a designation or heritage order; or (g) An application for a water conservation order,— the authority shall hold the hearing in public (unless permitted to do otherwise by section 42 (which relates to the protection of sensitive information) or the Local Government Official Information and Meetings Act 1987 ), and shall establish a procedure that is appropriate and fair in the circumstances. (2) In determining an appropriate procedure for the purposes of subsection (1) , the authority shall— (a) Avoid unnecessary formality; and (b) Recognise tikanga Maori where appropriate, and receive evidence written or spoken in Maori and the Maori Language Act 1987 shall apply accordingly; and (c) Not permit any person other than the chairperson or other member of the hearing body to question any party or witness; and (d) Not permit cross-examination. Subsection (1) was amended, as from 7 July 1993, by section 27(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “ 202, or 357 ” for the expression “ or 202 ” . Subsection (1)(a) was amended by section 27(2) of the same amending Act by inserting the words “ or variation ” . Subsection (1) was amended, as from 10 August 2005, by section 20(1) Resource Management Amendment Act 2005 (2005 No 87) by inserting the expression “ 34A, ” after the expression “ 34, ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1) was amended, as from 10 August 2005, by section 20(2) Resource Management Amendment Act 2005 (2005 No 87) by substituting the expression “ 357C ” for the expression “ 357 ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1)(e) was amended, as from 10 August 2005, by section 20(3) Resource Management Amendment Act 2005 (2005 No 87) by adding the words “ under section 141B(1)(a) ” . See sections 131 to 135 of that Act as to the transitional provisions.