Section Sch1-5 — Resource Management Act 1991: Public notice and provision of document to public bodies

5 Public notice and provision of document to public bodies (1) A local authority that has prepared a proposed policy statement or plan shall publicly notify it. (1A) A territorial authority shall, not earlier than 60 working days before public notification or later than 10 working days after public notification of its plan, either— (a) Send a copy of the public notice, and such further information as the territorial authority thinks fit relating to the proposed plan, to every ratepayer for the area of the territorial authority where that person, in the local authority's opinion, is likely to be directly affected by the proposed plan; or (b) Include the public notice, and such further information as the territorial authority thinks fit relating to the proposed plan, in any publication or circular which is issued or sent to all residential properties and Post Office box addresses located in the affected area— and shall send a copy of the public notice to any other person who, in the territorial authority's opinion, is directly affected by the plan. (1B) Notwithstanding subclause (1A) , a territorial authority shall ensure that notice is given of any requirement or modification of a designation or heritage order under clause 4 to land owners and occupiers who, in the territorial authority's opinion, are likely to be directly affected. (1C) A regional council shall, not earlier than 60 working days before public notification or later than 10 working days after public notification, send a copy of the public notice and such further information as the regional council thinks fit relating to the proposed policy statement or plan to any person who, in the regional council's opinion, is likely to be directly affected by the proposed policy statement or plan. (2) Public notice under subclause (1) shall state— (a) Where the proposed policy statement or plan may be inspected; and (b) That any person may make a submission on the proposed policy statement or plan; and (c) The process for public participation in the consideration of the proposed policy statement or plan; and (d) The closing date for submissions; and (e) The address for service of the local authority. (3) The closing date for submissions— (a) Shall, in the case of a proposed policy statement or plan, be at least 40 working days after public notification; and (b) Shall, in the case of a proposed change or variation to a policy statement or plan, be at least 20 working days after public notification. (4) A local authority shall provide one copy of its proposed policy statement or plan without charge to— (a) The Minister for the Environment; and (b) [Repealed] (c) In the case of a regional coastal plan, the Minister of Conservation and the appropriate regional conservator for the Department of Conservation; and (d) In the case of a district plan, the regional council and adjacent local authorities; and (e) In the case of a policy statement or regional plan, constituent territorial authorities, and adjacent regional councils; and (f) The tangata whenua of the area, through iwi authorities; and (g) the board of any foreshore and seabed reserve in the area. (5) A local authority shall make any proposed policy statement or plan prepared by it available in every public library in its area and in every other place in its area that it considers appropriate. (6) The obligation imposed by subclause (5) is in addition to the local authority's obligations under section 35 (records). Subclause (1) was substituted, as from 7 July 1993, and subcls (1A), (1B), and (1C) were inserted, as from 7 July 1993, by section 211(1) Resource Management Amendment Act 1993 (1993 No 65). Subclause (1A)(a) was amended, as from 7 July 2004, by section 13 Local Government (Rating) Amendment Act 2004 (2004 No 66) by substituting the word “ ratepayer ” for the words “ person whose name for the time being appears in the occupier's column of the valuation roll ” . Subclause (3)(b) was amended, as from 7 July 1993, by section 211(2) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ or variation ” . Subclause (4)(b) was repealed, 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. Subclause (4)(f) was amended, as from 17 January 2005, by section 36(3) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94) by inserting the expression “ ; and ” . See sections 40 to 43 of that Act. Subclause (4)(f) was amended, as from 10 August 2005, by section 129(1) Resource Management Amendment Act 2005 (2005 No 87) by omitting the words “ and tribal runanga ” after the word “ authorities ” . See sections 131 to 135 of that Act as to the transitional provisions. Subclause (4)(g) was inserted, as from 17 January 2005, by section 36(3) Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.