Section Sch1-3A — Resource Management Act 1991: Consultation in relation to policy statements

3A Consultation in relation to policy statements (1) A triennial agreement entered into under section 15(1) of the Local Government Act 2002 must include an agreement on the consultation process to be used by the affected local authorities in the course of— (a) preparing a proposed policy statement or a variation to a proposed policy statement; and (b) preparing a change to a policy statement; and (c) reviewing a policy statement. (2) If an agreement on the consultation process required by subclause (1) is not reached by the date prescribed in section 15(1) of the Local Government Act 2002 ,— (a) subclause (1) ceases to apply to that triennial agreement; and (b) 1 or more of the affected local authorities— (i) must advise the Minister and every affected local authority as soon as is reasonably practicable after the date prescribed in section 15(1) of the Local Government Act 2002 ; and (ii) may submit the matter to mediation. (3) If subclause (2) applies, the parts of the triennial agreement other than the part relating to the consultative process referred to in subclause (1) may be confirmed before— (a) an agreement on the consultative process is reached under subclauses (4) and (5)(a) ; or (b) the Minister makes a binding determination under subclause (5)(b) . (4) Mediation must be by a mediator or a mediation process agreed to by the affected local authorities. (5) If the matter is not submitted to mediation or if mediation is unsuccessful, the Minister may either— (a) make an appointment under section 25 for the purpose of determining a consultation process to be used in the course of preparing a proposed policy statement or reviewing a policy statement; or (b) make a binding determination as to the consultation process that must be used. (6) The consultative process must form part of the triennial agreement, whether or not the other parts of the triennial agreement have been confirmed, in the event that— (a) an agreement is reached under subclause (4) or subclause (5)(a) as to a consultative process, as required by subclause (1) ; or (b) the Minister makes a binding determination under subclause (5)(b) . (7) In this clause, affected local authorities means— (a) the regional council of a region; and (b) every territorial authority whose district is wholly or partly in the region of the regional council. Clauses 3A to 3C 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.