The order of events at a hearing
The hearing committee can direct the order of business at a hearing, including the order in which evidence and submissions are presented. Council hearings, though, generally follows the same order. Some hearings may take months to hear all of the submitters. Here's where your submission fits in.
- The chairperson usually welcomes and introduces everyone.
- A council officer may present their report about the proposed plan, or the plan change or variation.
- The applicant for a private plan change (if there is one) usually presents a statement and answers questions from the hearing committee. The applicant might also have others present evidence in support of his or her statement. The hearing committee may also ask questions of anyone presenting evidence.
- The submitters (and further submitters when there are any) present their cases and answer questions from the hearing committee. Submitters might also have others present evidence supporting their statement. The hearing committee may ask questions of anyone presenting evidence in support of a submitter. This may take more than a day, and you may have to go to the hearing on more than one occasion.
- An applicant for a private plan change has the right of reply to points raised by, or on behalf of, submitters.
- The hearing committee might ask more questions of the council officer, the applicant or the submitters.
- The hearing closes and the hearing committee makes its decision. This is usually done in private. The committee has to make a decision about plans, plan changes and plan variations without unreasonable delay.
- The council writes to you to tell you what the decision is. If you consider that the council is wrong you may be able to appeal all or part of the decision to the Environment Court.
Get professional advice if you're thinking about appealing the decision. A lawyer, planning consultant or someone with similar professional expertise should be able to tell you if you are likely to be successful. Appeals are often complex and expensive, and need to be well thought out. Getting professional advice early on can save you significant time and costs later.
With the right to appeal to the Environment Court comes a responsibility to act in a proper manner and not be frivolous or vexatious. This avenue can result in cost and delays for all the parties involved. For more information see 'An Everyday Guide to the RMA' booklets 6.1 Your Guide to the Environment Court and 6.3 Awarding of Costs by the Environment Court.
