The hearing unfolds – what to expect during the hearing
A suitable time and place
Hearings are held in a room that is big enough and informal enough so that everyone feels welcome and comfortable. You can expect easy access if you are disabled. The room will be set up so that everyone can see and hear the panel and speakers and you can present your case easily. Sometimes the hearing may be held on a marae.
Treaty responsibilities observed
The decision-making panel must take into account the principles of the Treaty of Waitangi in all its decisions about managing natural and physical resources. If there are cultural concerns, a Māori commissioner will ensure the panel understands and considers all the evidence. You can choose to speak or read evidence in Māori at the hearing.
Joint hearings
If resource consent applications for the same proposal have been made to two or more consent authorities, the councils hold a joint hearing.
In restricted coastal activity hearings, authorities will include a territorial local authority, a regional council, and the Minister of Conservation.
The regional council for the area concerned is responsible for:
- notifying the hearing
- setting the procedure
- providing administrative services.
A role for everyone
Chairperson
The chairperson is both a member of the hearing panel and the “ringmaster” of the hearing. The chairperson’s opening statement outlines what you can expect to happen, who is on the hearing panel, and the role of the hearing panel. Experienced chairpersons know instinctively when it is time to take a break or show some flexibility in procedure.
Hearing panel
Members of the hearing panel make the decision on an application. They prepare for the hearing by finding out about the application and any policies or plans that may affect it.
Applicant
The applicant, whose application is the focus of the hearing, may present their case to the hearing panel. They can also choose to be represented by an advocate. The panel may ask questions of the applicant.
Submitters
A submitter can present their own case at the hearing or use an advocate. They can also call on witnesses. The hearing panel may ask questions of the submitter, their advocate or their witnesses.
Advocates
Applicants and submitters may be represented at the hearing by an advocate, often a lawyer. Advocates are not classified as expert witnesses.
Other experts
Experts who have contributed to the council’s planning report are usually at the hearing to answer questions and give advice.
Applicants and submitters may call evidence from independent experts. The panel may also ask these experts to clarify or explain something.
Planner
A planner is an independent expert who can give expert advice and answer questions. They may work for the council, often as a consent officer, or be hired by one of the other parties.
If there is an appeal sometimes a council planner may be subpoenaed and required to give their expert opinion.
Consents officer
The consents officer coordinates the council’s response to the resource consent application by preparing the planning report. The officer goes to the hearing to answer questions and make comments.
Committee secretary/hearings administrator
The Committee secretary/hearings administrator prepares for the hearing and makes sure that it runs smoothly. Sometimes the council planner or a senior manager from the council does this role.
The public and the media
If you haven’t made a submission but are interested in the hearing you can go along to listen but you can’t take part in it. The media can also go along and report on the proceedings. If for some reason the public are excluded from part or all of the hearing the media must leave also.
A typical order
Councils usually use the same speaking order for resource consent, designation, plan change and heritage order hearings:
- applicant
- submitters who support the proposal
- submitters who oppose the proposal
- staff summary of key points
- applicant’s reply – no new evidence is permitted at this stage.
Sometimes new information not included in the planning report is brought forward at the hearing. If this information is significant, the hearing may be adjourned so everyone has time to consider it and comment on it.
Hearings of full policy statements and plans are held in a series, divided into a logical sequence of topics. Council staff usually arrange for submitters to speak by topics.
Speaking rights for participants only
Submitters can speak at the hearing, along with the applicant and other reporting staff.
The chairperson may very occasionally limit speaking rights to avoid repetition. This sometimes happens if an expert witness is repeating facts that have already been presented.
Information is evidence
The hearing panel may receive as evidence any statement, document, or other information, that may help it to deal effectively with the subject of the hearing.
If witnesses refer to documents to back up their opinion the panel may ask for a copy of the full case or document.
More information means more time
A council may allow late submissions or extend the time period for submissions. It may extend the time within set limits, provided it takes into account:
- the interests of anyone who might be affected by the extension
- the interests of the community
- its duty to avoid unnecessary delay.
Ending the hearing
The chairperson closes most hearings at the end of the public section. The panel then starts to make its decision at that time or at an agreed later date.
Questions
Hearing panel members should develop the ability to ask questions which do not display bias and are open-ended, to behave in a way that shows interest, and to acknowledge emotions without letting them dominate proceedings.
