Meeting minutes for the the Board of Inquiry - 6 November 2007
Minutes for the meeting of the Board of Inquiry on 6 November 2007, Ministry for the Environment, Wellington Office, Level 7, Environment House, Kate Sheppard Place, Wellington commencing at 11.00 am.
Present: Judge David Sheppard (Chairperson), Mr Kevin Prime, Dr Deborah Read, Mr John Rutherford.
In attendance: Kevin Currie (Senior Manager), Nicholas Zaman (Project Manager), Jo Daly (Executive Officer).
Introductions
The Chairperson welcomed those present and in attendance, and declared the meeting open.
1. Minutes of previous meeting
Moved Chairperson
Seconded Mr. Rutherford
That the Minutes of the Meeting held on 11 October 2007 are accepted as an adequate and accurate record of the Meeting.
A request was received from Mr Rutherford, and accepted by the Board, that meeting minutes be numbered consecutively from meeting to meeting.
A spelling error was identified in the minutes of the previous meeting. This is to be corrected in the published record of the meeting.
2. Matters arising
At the previous meeting held on 11 October, the Board agreed that a section 42A report should be commissioned, and that the brief for the work be approved by the Chairperson. The Chairperson reported back to the Board that he had approved the brief for the section 42A report and this item would be discussed further under item 4.1 of this meeting agenda.
3. Matters for Board decision
3.1 Pre-hearing process - BP003
The Chairperson identified the relationship of this item to Information Item 4.3 Transpower’s Memorandum of Counsel, and the Board considered BP003 and the Transpower Memorandum of Counsel together.
The Board worked through the tabulated format of report BP003 making comments or amendments to points as below:
- Date of receipt of s42A report still current at 23 November, the Chairperson noted that this report is not for the Board to adopt but for the Board’s information. When received the report is to be circulated to the Board, and then made publicly available.
Action: Possible requests for further information to be included as an item for future agendas.
- It is the Board’s current expectation that hearing will commence after Easter 2008.
- Submitters to notify by 7 December 2007 provisional intention to appear at hearing.
- The applicant to pre-circulate evidence by 17 December 2007. The applicant is expected to supply all briefs of evidence by this date, or apply for extension as outlined in the Act.
- The applicant’s evidence is to be made publicly available, and submitters advised of this, by 19 December 2007.
- Submitters to confirm by 1 February 2008 their intention to appear at hearing and confirm the location where they wish to be heard.
- Submitters’ evidence to be received and copies provided to applicant by 5 February 2008.
- Applicant to provide rebuttal evidence to Board and relevant submitters by 21 February 2008.
- Rebuttal evidence made publicly available by 25 February 2008.
The Board agreed that the hearing of the applicant’s general evidence, submissions to the whole application or of a general nature will be held in Hamilton. The hearing of site-specific evidence from the applicant and relevant submitters will be held at three or four locations for the convenience of submitters, and that the hearing will conclude in Hamilton, or in South Auckland.
Submitters are to be formally notified by the start of March 2008 at the latest, with the hearing to commence on 25 March 2008. The Chairperson noted that it would be helpful if an indication of this date could be given to the applicant, submitters and interested parties as soon as possible, with formal notification to follow. Chairperson and officers to liaise on when and how this can be achieved.
The Board discussed breaks in sitting dates during the hearing. A decision on this was not finalised at this meeting.
Action: Board members to advise Executive Officer of standing commitments and availability for 2008.
- Preferable that an overview of route and sites by Board members take place in February.
- The Chairperson will seek to ensure time for cross-examination is used efficiently during the course of the hearing. Date for notification of intention to cross-examine to remain at 5 March 2008.
The Board addressed the Transpower Memorandum of Counsel making the following comments as outlined below:
- The Chairperson suggested that submitters make their own decision on whether evidence will be read aloud or taken as read, and indicate this to ensure the Board are informed what pre-reading of evidence is required.
- The Board confirmed that if the applicant or submitters wish to call evidence that is not supplied in the usual way, they will be required to apply as outlined in the Act to have this evidence considered.
Moved Chairperson
Seconded Mr Rutherford
That the Board invite the applicant to agree under section 37A(2)(b) of the Resource Management Act to extending the time period under s41B(5) of the date for commencing the hearing of submissions to 25 March 2008.
The Board agreed that:
- The timetable in BP-003 is adopted, and that the Chairperson and Project Manager revise the sequence of pre-hearing process to reflect the dates above.
- The Chairperson and Project Manager are to settle communications to the applicant, submitters and public on preparation for and conduct of the hearing.
- That the timetable is placed on the Board of Inquiry website.
3.2 Report on Delegations - BP004
The Board discussed the topic of delegations required.
Moved Chairperson
Seconded Mr Prime
That the Board delegates to the Chairperson:
Its function of approving a brief for preparation of the list of submission prior to publication (previously delegated at the first board meeting).
Its function of approving briefs for any reports the Board may wish to commission.
Its function of deciding administrative and procedural matters relating to pre-hearing and hearing processes, including requests for additional presentation time, leave to cross-examine, keeping submission material confidential and similar matters.
Its functions under section 37 of the RMA of extending time periods, of waiving failures to comply with requirements for the time and method of lodging and serving documents, and of waiving non compliance with requirements about provisions of information and directing rectifying of omissions or inaccuracies.
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 No item for consideration
3.4 Submitter request for anonymity - BP005
The Project Manager presented a request to the Board by a submitter that her name and address are kept confidential on the grounds of unreasonable prejudice to the commercial position of the person who supplied, or is the subject of the information. The Board discussed this request in the context of the Act.
Moved Chairperson
Seconded Mr Prime
That the Board having considered Mariette Sprenger’s application for anonymity in its dealings with her submission, being of the opinion that it is not legally able to do so and in any event being of the opinion that the process is open and public, respectfully declines the request.
4. Matters for Board information
4.1 Types of reports available to Board- BP006
The Project Manager updated the Board on BP006, and advised of amendments due to inaccuracies in the original paper. The updated paper will be provided to the Board.
4.2 Ability for Minister to accept late submissions
The Project Manager advised that the Minister for the Environment has the power to accept submissions lodged after the close of the submission period. The Minister responsible for this call-in will be requested to make this decision.
The Board indicated that they will receive all submissions together, with or without submissions made after the submission period as per the Minister’s decision on the above matter.
The Meeting of the Board adjourned for lunch 12.45 pm to 1.30 pm.
4.3 Transpower’s Memorandum of Counsel
This issue was considered with item 3.1 earlier in this agenda.
4.4 Draft submissions report
A sample format of a list of submissions to fulfill the Board’s duty under section 98 of the Act was circulated. The title of report will be List of Submissions.
After discussion the Board requested that, along with information included in the sample report, further information be provided as to the geographical location, by district council, of submitters.
The List of Submissions will be provided to the Board, and be made available to the applicant, submitters and placed on the Board of Inquiry website; as soon as possible after submissions are received from the Minister.
5. Other business
The Board discussed an inquiry from a member of the public regarding participating in the hearing process at this time. The Chairperson advised that legislation does not allow the Board to give a hearing to any person who has not lodged a submission and is not the applicant.
6. Next meeting and closure
The Chairperson proposed that no further meeting of the Board is needed in 2007. If any matters require consideration members may contact the Chairperson.
The Board discussed the initial site visit, and indicated this should take place during the week of 16 to 20 February. The Project Manager will proceed with preparations for a two-day site visit and possible Board meeting, and liaise with the Chairperson.
The Chairperson declared the meeting closed at 2.22 pm.
Confirmed: Judge David Sheppard
Date: 19 February 2008
Last updated: 6 May 2008
