Section Sch1-34 — Resource Management Act 1991: Consultation on proposal to incorporate material by reference

34 Consultation on proposal to incorporate material by reference (1) This clause applies to a proposed plan, a variation of a proposed plan, or a change to a plan— (a) that incorporates material by reference: (b) that states that an amendment to, or replacement of, material incorporated by reference in the proposed plan or plan has legal effect as part of the plan. (2) Before a local authority publicly notifies a proposed plan, a variation of a proposed plan, or a change to a plan under clause 5 , the local authority must— (a) make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replacement of, material incorporated by reference ( proposed material ) available for inspection during working hours for a reasonable period at the offices of the local authority; and (b) make copies of the proposed material available for purchase in accordance with section 36 at the offices of the local authority; and (c) give public notice stating that— (i) the proposed material is available for inspection during working hours, the place at which it can be inspected, and the period during which it can be inspected; and (ii) copies of the proposed material can be purchased and the place at which they can be purchased; and (iii) if copies of the material are available under subclause (3) , details of how and where it may be obtained or accessed; and (d) allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and (e) consider any comments they make. (3) In addition to the requirements under subclause (2) , the local authority may make copies of the proposed material available in any way that the chief executive of the local authority considers appropriate in the circumstances (for example, on an Internet website maintained by or on behalf of the local authority). (4) The reference in subclause (2) or subclause (3) to the proposed material includes, if the material is not in an official New Zealand language, an accurate translation in an official New Zealand language of the material. (5) A failure to comply with this clause does not invalidate a plan or proposed plan that incorporates material by reference. Part 3 (comprising cls 30 to 35) was 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.