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StatuteResource Management Act 1991

Section Sch1-23 — Resource Management Act 1991: Further information may be required

Text of the provision Official document

23 Further information may be required (1) Where a local authority receives a request from any person under clause 21 , it may within 20 working days, by written notice, require that person to provide further information necessary to enable the local authority to better understand— (a) The nature of the request in respect of the effect it will have on the environment, including taking into account the provisions of Schedule 4 ; or (b) The ways in which any adverse effects may be mitigated; or (c) The benefits and costs, the efficiency and effectiveness, and any possible alternatives to the request; or (d) The nature of any consultation undertaken or required to be undertaken—

if such information is appropriate to the scale and significance of the actual or potential environmental effects anticipated from the implementation of the change or plan. (2) A local authority, within 15 working days of receiving any information under this clause, may require additional information relating to the request. (3) A local authority may, within 20 working days of receiving a request under clause 21 , or, if further or additional information is sought under subclause (1) or subclause (2) , within 15 working days of receiving that information, commission a report in relation to the request and shall notify the person who made the request that such a report has been commissioned. (4) A local authority must specify in writing its reasons for requiring further or additional information or for commissioning a report under this clause. (5) The person who made the request— (a) may decline, in writing, to provide the further or additional information or to agree to the commissioning of a report; and (b) may require the local authority to proceed with considering the request. (6) To avoid doubt, if the person who made the request declines under subclause (5) to provide the further or additional information, the local authority may at any time reject the request or decide not to approve the plan change requested, if it considers that it has insufficient information to enable it to consider or approve the request. Clauses 21 to 28 were substituted, as from 7 July 1993, by section 220 Resource Management Amendment Act 1993 (1993 No 65). Subclauses (4) to (6) were inserted, as from 10 August 2005, by section 129(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.

Official source: legislation.govt.nz

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