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StatuteResource Management Act 1991

Section 41 — Resource Management Act 1991: Provisions relating to hearings

Text of the provision Official document

41 Provisions relating to hearings (1) The following provisions of the Commissions of Inquiry Act 1908 apply to every hearing conducted by a local authority, a consent authority, or a person given authority to conduct hearings under sections 33 , 34 , 34A , 117 , 146 , or 202 : (a) Section 4 , which gives powers to maintain order: (b) Section 4B , which relates to evidence: (c) Section 4D , which gives power to summon witnesses: (d) Section 5 , which relates to the service of a summons: (e) Section 6 , which relates to the protection of witnesses: (f) Section 7 , which relates to allowances for witnesses. (2) Every summons to a witness to appear at a hearing shall be in the prescribed form and be signed by the chairperson of the hearing. (3) All allowances for a witness shall be paid by the party on whose behalf the witness is called. (4) At every hearing conducted in relation to a matter described in section 39(1) , the authority may request and receive, from any person who makes a report under section 42A or who is heard by the authority or who is represented at the hearing, any information or advice that is relevant and reasonably necessary to determine the application. Subsection (1) was amended, as from 10 August 2005, by section 24 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 (4) was inserted, as from 7 July 1993, by section 29 Resource Management Amendment Act 1993 (1993 No 65).

Official source: legislation.govt.nz

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