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Delegations that can be held by council staff

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Note to readers: The RMA was amended in 2003. This table indicates which provisions of the RMA have changed as a result of this amendment and readers are asked to check the implications of the changes for their delegations.

Resource Management Act 1991 Summary of function delegated Amended effective 1 August 2003
Section 10 Power to determine that existing use rights apply to a proposal No
Section 36 (4) Require additional charges No
Section 36 (5) Remission of charges on application No
Section 37 Power to waive or extend time periods Yes
Section 38 Authorisation of enforcement officers No
Section 88 Power to determine on initial receipt of an application, the adequacy of an application and whether or not it should be accepted for further processing as a complete and valid application Yes
Section 91 Deferral of application pending additional applications No
Section 92 Request further information Yes
Section 93 Power of decision on whom an application shall be served Yes
Section 94 Power to decide when an application for a resource consent need not be notified Yes
Section 98 To provide applicants for resource consents with a list of submissions received No
Section 99 Power to initiate pre-hearing meetings No
Section 100 Power to determine that a formal hearing is not needed No
Section 101 Power to fix hearing dates Yes
Section 102 Power to make a decision to establish a joint hearing provided that prior consultation takes place with the Chairperson No
Section 103 Power to decide and arrange the holding of combined hearings where two or more applications are made to the Council No
Section 104
Section 105
Section 107
Section 108

To make decisions on applications for resource consents, including determining conditions, for: Controlled activities; and discretionary activities where either:

  • no submissions are received, or - no request is made for a hearing, or
  • the need for a hearing has been averted by a submission being withdrawn providing written agreement that they agree with conditions of consent proposed, and therefore no longer wish to be heard.
Yes
Section 109 Power to decide whether any work the subject of a bond or covenant is completed satisfactorily Yes
Section 113
Section 114
To serve on parties copies of decisions on applications for resource consents and arrange public notification of such decisions where appropriate Yes
Section 125 Power to extend the period in which a resource consent lapses Yes
Section 126 Power to cancel un-exercised consents Yes
Section 127 (1) Power to change or cancel a consent condition Yes
Section 127 (3) Power to decide the circumstances when it will be unreasonable to seek written approval of other persons to the variation or cancellation of conditions Yes
Section 128-132 Power to review consent conditions Yes
Section 139 Power to issue certificates of compliance No
Section 221 Power to issue a consent notice No
Section 222 Power to issue a completion certificate No