Rights and rules: things you need to know
You have certain rights when you appear at a council hearing, and you have to follow some rules as well.
Can I have support people?
Yes. Your friends, family and support people can come to a public hearing to support you. You can call them as witnesses and they can speak on your behalf. But remember it's the quality of the argument that counts - not strength in numbers.
Will the hearing recognise tikanga Māori?
Councils must allow for submissions and evidence in te reo, but you must ask for it in your written submission to the plan change, variation or proposed plan when it is notified, and/or through further submission. Ask in your written submission if you have other specific requests for dealing with Māori protocol or other cultural issues.
Councils will generally be open to accommodating most reasonable requests.
Can I ask questions?
You can only ask questions about procedure, if you don't understand what's going on.
Only members of the hearing committee can ask questions about submissions or evidence.
You are not allowed to ask the council officer, the submitters, the witnesses, or an advocate or lawyer any questions. You can suggest questions for the committee to ask, but the committee doesn't have to ask them. Raise any questions you want to ask with the chairperson when you are giving your evidence.
What if I disagree with what someone else says?
At the hearing you can only speak directly to the hearing committee. You must never interrupt someone else who is speaking at the hearing even if you disagree with what he or she is saying.
Will I be cross-examined?
No. No one can be cross-examined at a council hearing. Submitters and other witnesses might be asked to take an oath, but this doesn't usually happen.
What will it cost me?
You have to pay for your own costs, such as travel to and from the hearing, time off work, and lawyers' and professionals' fees. You don't have to pay for anything else.
A hearing allows people on both sides of an issue to have a say and contribute to the council's decision-making process. You are doing your bit if you:
- stick to the issues that concern you and that are relevant
- make your statement clear and easy to hear
- use professionals to back up your argument if that would help
- show respect for the hearing, the commissions, and submitters, and for the hearing's purpose
- don't grandstand, or get into a debate.
