Section 92 — Resource Management Act 1991: Further information, or agreement, may be requested

92 Further information, or agreement, may be requested (1) A consent authority may, at any reasonable time before the hearing of an application for a resource consent or before the decision to grant or refuse the application (if there is no hearing), by written notice, request the applicant for the consent to provide further information relating to the application. (2) At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a consent authority may commission any person to prepare a report on any matter relating to an application, including information provided by the applicant in the application or under this section, if all the following apply: (a) the activity for which the resource consent is sought 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, under section 92B(1) , to agree to the commissioning of the report. (3) The consent authority must notify the applicant, in writing, of its reasons for— (a) requesting further information under subsection (1) ; or (b) wanting to commission a report under subsection (2) . (3A) The information or report must be available at the office of the consent authority no later than 10 working days before the hearing of an application. This subsection does not apply if— (a) the applicant refuses, under section 92A , to provide the further information; or (b) the applicant refuses, under section 92B , to agree to the commissioning of the report. (4) This section does not apply to reports prepared under section 42A . (5) Sections 357A(1) and 357C to 358 apply to subsections (1) and (2) . Subsection (2)(b) was amended, as from 20 August 1998, by section 19(2) Resource Management Amendment Act 1997 (1997 No 104) by inserting, after the words “ of contaminants) ” , the expression “ or 15B ” . See clause 2 Resource Management Amendment Act 1997 Commencement Order 1998 (SR 1998/210). Subsection (3) was amended, as from 7 July 1993, by section 47(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting the expression “ subsection (1) or ” . Subsection (3)(a) was substituted, as from 7 July 1993, by section 47(2) Resource Management Amendment Act 1993 (1993 No 65). Subsection (5) was inserted, as from 17 December 1997, by section 19 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Sections 92 to 94 were substituted, as from 1 August 2003, by section 41 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. The heading to section 92 was substituted, as from 10 August 2005, by section 52(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1) was amended, as from 10 August 2005, by section 52(2) Resource Management Amendment Act 2005 (2005 No 87) by substituting the word “ request ” for the word “ require ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsections (2) and (3) were substituted, as from 10 August 2005, by section 52(3) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (3A) was inserted, as from 10 August 2005, by section 52(3) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (5) was amended, as from 10 August 2005, by section 52(4) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ 357A(1) and 357C to ” for the expression “ 357 and ” . See sections 131 to 135 of that Act as to the transitional provisions.