Crunch time – after the hearing
Deliberations begin
When the panel begins its deliberations after the hearing has been closed no one can bring forward new information.
Council staff may sometimes remain during deliberations, but their role is limited to drafting the decision and providing procedural advice. They do not influence the decision in any way.
The panel’s decision has to be a majority agreement. Panel members who do not agree may record their opinion in the published recommendation or decision.
It may take many months for a hearing panel for a policy statement or plan to make its decisions. Usually, after all submissions on each chapter or topic are heard, the panel makes some tentative decisions. These may be changed at the end of the hearings process.
Written decision or recommendation released
The hearing panel’s written decision must meet all the requirements set down in the Resource Management Act and must be released within the timeframe listed in the Act.
The decision will usually refer to submitters’ concerns especially if the panel’s decision goes against those submissions.
Sometimes the panel will put conditions on a resource consent approval. Conditions on resource consents apply to an applicant only – not to a third party.
Consent conditions should be:
- easily understood
- fair and reasonable
- consistent
- within the authority’s legal powers
- enforceable.
A decision will include general reasons for the decision, as well as the reasons for any key consent conditions.
Decisions can be appealed
Once the decision has been sent out to the applicant and submitters, any party can appeal the decision or refer it to the Environment Court. The Environment Court hears the whole case again.
Councils check for quality
Councils regularly check how well their hearings are being run.
Some survey people at the hearing about the fairness of the process; people can return their questionnaires anonymously.
Sometimes council staff and panel members assess the hearing themselves using a standard questionnaire.
