Section 41C — Resource Management Act 1991: Directions and requests before or at hearings

41C Directions and requests before or at hearings (1) Before or at the hearing, the authority may— (a) direct the order of business at the hearing, including the order in which evidence and submissions are presented; or (b) direct that evidence and submissions be— (i) recorded; or (ii) taken as read; or (iii) limited to matters in dispute; or (c) direct the applicant, when presenting evidence or a submission, to present it within a time limit; or (d) direct a person who has made a submission, when presenting evidence or a submission, to present it within a time limit. (2) Before or at the hearing, the authority may request a person who has made a submission to provide further information. (3) At the hearing, the authority may request the applicant to provide further information. (4) At the hearing, the authority may commission a consultant or any other person employed for the purpose to prepare a report on any matter on which the authority requires further information, if all the following apply: (a) the activity that is the subject of the hearing may, in the authority's opinion, have a significant adverse environmental effect; and (b) the applicant is notified before the authority commissions the report; and (c) the applicant does not refuse to agree to the commissioning of the report. (5) The authority must provide copies of the report to the applicant and any person who made a submission. (6) At the hearing, the authority may direct a person presenting a submission not to present— (a) the whole submission, if all of it is irrelevant or not in dispute; or (b) any part of it that is irrelevant or not in dispute. (7) Before or at the hearing, the authority may direct that the whole, or a part, of a submission be struck out if the authority considers— (a) that the whole submission, or the part, is frivolous or vexatious; or (b) that the whole submission, or the part, discloses no reasonable or relevant case; or (c) that it would otherwise be an abuse of the hearing process to allow the whole submission, or the part, to be taken further. (8) If the authority gives a direction under subsection (7) , it must record its reasons for the direction. (9) A person whose submission, or part of whose submission, is struck out has a right of objection under section 357 . Sections 41A to 41C were inserted, as from 10 August 2005, by section 25(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsections (7) to (9) were inserted, as from 9 August 2007, by section 25(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.