Section 99 — Resource Management Act 1991: Pre-hearing meetings

99 Pre-hearing meetings (1) A consent authority may invite or require a person who has made an application for a resource consent and some or all of the persons who have made submissions on the application to attend a meeting with the following: (a) each other or one another; and (b) the authority; and (c) anyone else whose presence at the meeting the authority considers appropriate. (2) The authority may invite or require persons to attend a meeting— (a) either— (i) at the request of 1 or more of the persons; or (ii) on its own initiative; and (b) only for the purpose of— (i) clarifying a matter or issue; or (ii) facilitating resolution of a matter or issue. (3) The authority may require persons to attend a meeting only with the consent of the person who made the application. (4) A person who is a member, delegate, or officer of the authority, and who has the power to make the decision on the application that is the subject of the meeting, may attend and participate if— (a) the authority is satisfied that its member, delegate, or officer should be able to attend and participate; and (b) all the persons at the meeting agree. (5) The chairperson of the meeting must, before the hearing, prepare a report that— (a) does not include anything communicated or made available at the meeting on a without prejudice basis; and (b) for the parties who attended the meeting,— (i) sets out the issues that were agreed; and (ii) sets out the issues that are outstanding; and (c) for all the parties,— (i) may set out the nature of the evidence that the parties are to call at the hearing; and (ii) may set out the order in which the parties are to call the evidence at the hearing; and (iii) may set out a proposed timetable for the hearing. (6) The chairperson of the meeting must, before the hearing, send the report to the authority and all the parties so that they have it at least 5 working days before the hearing. (7) The consent authority must have regard to the report in making its decision on the application. (8) If a person required to attend a meeting fails to do so, and does not give a reasonable excuse, the consent authority may decline— (a) to process the person's application; or (b) to consider the person's submission. (9) If the consent authority declines, under subsection (8)(a) , to process the person's application,— (a) the person may not appeal under section 120 against the decision; and (b) the person may object under section 357A against the decision. (10) If the consent authority declines, under subsection (8)(b) , to consider the person's submission, the person— (a) may not appeal under section 120 against— (i) the decision to decline to consider the submission; or (ii) the decision on the application; and (b) may not become under section 274 a party to proceedings; and (c) may object under section 357A against the decision to decline to consider the submission. Section 99 was substituted, as from 10 August 2005, by section 57(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.