How to do well on the day
You want to make a good, strong presentation. You want the hearing committee to focus on your statement and on your evidence. Keep your statement simple, make your key points clear, speak clearly, and be yourself.
You can expect the hearing committee to treat you with dignity and respect, and to put you at ease. You should treat them with respect also.
Make it clear and easy to hear
Read your statement clearly and slowly enough to be understood. Speak clearly and try not to repeat yourself.
Stick to the point
Everyone is there for the same reason, and needs their views to be heard. The hearing committee is only interested in the relevant facts and opinions.
- Stick to the facts in your statement.
- Focus on the environmental matters, not simply what you like and dislike.
- Expand on your submission, but don't introduce any new issues.
- Don't repeat yourself or be long-winded.
- Don't play on emotions or breach protocol.
Remember the hearing is neutral
Councillors on a hearing committee aren't there as politicians. They're there as decision-makers who have to weigh up both sides of an argument.
- Leave your personal opinions about the council or the applicant outside the door.
- Don't use the hearing as a chance to discuss or argue about other issues. Focus on the issue at hand.
Use an advocate or a lawyer if that will help
- Use an advocate (a spokesperson) if you're nervous about making a submission, or if a group is making a submission and wants one person to speak for you all. The advocate could be a member of your group.
- Use a lawyer as your advocate if your submission explores legal matters, or if you think a professional interpretation of legislation or case law is needed.
Use expert witnesses if that will help
Members of the hearing committee won't necessarily be experts on the effects of the application that may be of concern to you - they'll want to hear good, solid evidence to help them make a decision. You might need expert witnesses to present evidence about technical topics such as heritage, soil stability or microbiology. If you are not an expert witness, don't pretend to be one. Only expert witnesses can offer opinions on matters that relate to their field of expertise. Instead, focus on what you consider to be facts, and your own recollections and observations.
The applicant or requiring authority might use expert witnesses to support their case. This means it might make sense for you to use expert witnesses as well depending on what your concerns are.
- Stick with what you know, and use expert witnesses such as planning consultants, surveyors, engineers, or scientists when you need to.
- Before you start, make sure any professional witness you use is able to present evidence that supports your point of view.
- However, bear in mind that expert witnesses are not 'hired guns'. They must be able to support their own conclusions.
- Check the costs before you employ an expert witness and explore whether the cost of experts can be shared with other submitters. You can get a list of who the other submitters are from the council.
Providing evidence before the hearing
Depending on the scale and significance of the hearing, the council may direct the applicant and/or any expert witnesses that have been retained by submitters to provide briefs of evidence to it before the hearing. Providing evidence before the hearing is useful where the application is complex, or where there are conflicting opinions between experts. The length and associated cost of any hearing could be reduced by narrowing the scope of evidence and identifying the matters remaining in contention. Provision of evidence before the hearing may enable the hearing committee to be better prepared and to assume a more inquisitorial role.
Speaking with other submitters
If the hearing involves many submitters, you may make your submission along with other submitters speaking about the same topic as you.
Council hearings are open to the public. Go along to one, and watch how it works. It's the best way to prepare.
