Minutes of the first meeting of the Board of Inquiry - 11 October 2007
Held in Meeting Room EH 1C (Ahumairamgi), Ministry for the Evironment, Wellington Office, Level 1, Environment House, Kate Sheppard Place, Wellington, commencing at 11-00am.
Present: Judge David Sheppard (Chairperson); Kevin Prime (Member), Dr Deborah Read (Member), John Rutherford (Member).
In attendance: Kevin Currie (Acting Senior Manager); Nicholas Zaman (Project Manager).
1. Introductions
The Chairperson welcomed those present and in attendance, and the Board members and support staff introduced themselves.
2. Overview of process
The Project Manager introduced his report (Overview of Process - Major process steps for Call-in) which gave a sequential overview of the call-in process.
The Board briefly discussed the time period between the close of submissions and the commencement of the hearing.
3. Matters for Board decision
3.1 Board procedures BP- 001
The Board noted and discussed the draft Board Procedures, and proposed some minor amendments. The Board agreed that the procedures be adopted with the following amendments:
- A paragraph to be added stating that minutes of the proceedings are to be made public when they have been confirmed at a subsequent meeting.
- A sentence to be inserted stating that, except when section 42 of the RMA applies, hearings will be open to the public.
The Board briefly discussed the conduct of the hearing, and the processes and protocols involved. Discussion included:
- The requirement to have an open and transparent process and making information publicly available.
- The possibility of requiring evidence to be circulated in advance.
- Whether presenters would be subject to any time-limit during the hearing.
The process of delegating functions was discussed by the Board. It was decided that functions could be delegated, for example, to the Chairperson, by means of a formal resolution of the Board. It was agreed that any member of the Board could propose a motion at a Board meeting.
The Board agreed (in relation to BP 001) that the Board Procedures be adopted with amendments.
3.2 Requests for further information under s92 of the RMA
The Board discussed the options available to it for seeking further information from the applicant on the proposals.
The Board requested that the Project Manager prepare a paper that outlines the type of reports that could be sought by the Board to help the Board in its inquiry.
3.3 Pre-hearing processes
The Board discussed the matter of late submissions, the availability of submissions to the Board and the requirement for a submissions report.
The Board requested advice on whether it had jurisdiction to accept late submissions or otherwise waive non-compliance, with the time limits.
It was moved by the Chairperson, seconded by Mr. Rutherford and agreed by the Board, that the Project Manager arrange for a report on the submissions received to be prepared in a manner to be approved by the Chairperson.
(Chairperson/Rutherford).
The Board agreed in principle that:
- Evidence should be pre-circulated, that the evidence of the applicant should be pre-circulated prior to that of the submitters, and that the applicant have an opportunity to submit further evidence in response to submitters’ evidence.
- A timetable for the provision of evidence should be developed.
- The parties would need to be notified by letter.
- The hearing is an opportunity for the applicant and submitters to engage in the process, and the process should be accessible as possible.
- Submitters should be asked to state by a certain time whether they wish to be heard, and whether or not they wish to cross-examine any witness called by any other party.
- Submissions, evidence, and any reports commissioned or produced by the Board, should be made readily available; on the website, on compact discs, or available for inspection in hard copy as appropriate.
- The Project Manager will prepare a draft time line and pre-hearing sequence for consideration by the Board at its next meeting.
The project manager submitted a Memorandum of Counsel from Transpower to the Board for its consideration.
It was agreed that:
- The Board would consider Transpower’s Memorandum of Counsel at the next Board meeting.
3.3 Site visit
The Board discussed the need for it to view the sites and route, and when this should occur.
The Board agreed that least one overview is required before the hearing commences.
4. Matters for Board information
4.1 Initial administration matters BP-002
The Board noted and discussed the initial administration procedures.
5. Other business
The Board discussed the need for a section 42A report to be produced on their behalf.
The Board agreed that a report should be requested that outlines:
- The key provisions of the relevant planning instruments and legislation
- The key aspects of application and identification of issues
- Whether any further information should be sought
The Board agreed that a section 42A report should be commissioned through Environment Waikato on the Board’s behalf. The brief for the work is to be approved by the Chairperson.
The Board requested a report on delegation for its consideration at the next meeting.
6. Next meeting and closure
The next meeting is scheduled to be held Environment House Wellington on the 6 November 2007.
The Chairperson declared the meeting closed at 3.05 pm.
Confirmed: Judge David Sheppard
Date: 06/11/07
Last updated: 5 May 2008
