Hearing Procedures

Introduction

This document describes how the Board of Inquiry (the Board) intends to conduct the hearing on the proposed National Policy Statement (NPS) for Renewable Electricity Generation.

Managing who appears, order of appearances and scheduling

The hearing is expected to commence on the 27 April 2009. The Board will begin hearing evidence presented by Government officials involved in developing the proposed NPS for Renewable Electricity Generation. The Board will commence hearing submitters on 11 May 2009.
Every person who made a submission provided to the Board, and who stated that they wanted to be heard, will be advised of the time and place of the hearing, and will be asked to confirm their wish to be heard and identify any witnesses they wish to call.
From those responses, the Board will prepare an order of appearances and a provisional programme of the time periods and places where submitters are likely to be heard. This will be provided in advance to the submitters who wish to be heard, and will be published on the Board webpage. Because of uncertainty about the length of presentations and questioning, it may not be practicable to allot in advance a specific time for the presentation by each submitter. The Chairperson will, at the outset, and at appropriate stages throughout the hearing, direct the order and timing of presentations.

Procedure at hearing

The original submission will be read and considered by the Board whether the submitter attends the hearing or not. Submitters can provide more detail of their submission (but not new topics) in writing before the start of the hearing.
A submitter who is being heard is free to read their submission in full, but it is preferred that the submitter simply highlights the main points of the submission and of any evidence.
Every submitter who wants to speak to their submission without calling evidence may do so without having to pre-circulate the submission again.
Any submitter who wishes to give or call evidence is to lodge statements of evidence with the Board 14 days prior to speaking to their submission. Ten copies of the full statement of evidence are to be provided to the Board.
Submitters may make their own representations themselves, or they may choose to be represented by a lawyer or other agent.
Only the Chairperson or other members of the Board may question a submitter (or their representative or witnesses). Cross-examination is not permitted.
A submitter who considers that some of the content of their submissions, representations, or evidence should not be made public for any of the reasons stated in section 42(1) of the Resource Management Act, may apply to the Board for an order under section 42. The submitter must make an application at the time of filing that evidence with the Board, in which case it will be withheld from the web until a decision is made. Any application for an order under that section should be made in writing, should identify the particular representations or evidence to which the application relates, and should explain why it should not be made public.
A computer compatible projector and whiteboard will be available to submitters and witnesses at the hearing. Any party wishing to use visual aids must contact the Board’s Executive Officer prior to their representation.

Te Reo and Tikanga Māori

Any person who has made a submission stating that he or she wishes to be heard, may if they choose, make the representations at the hearing, and any witness may give evidence at the hearing in Te Reo Mäori. At least 5 working days prior notice of intention to use Te Reo Maori is to be given to the Board, so that attendance of an interpreter can be arranged. However, any karakia, powhiri, or mihi, will not be translated into the English language unless the presenter wishes and has given such prior notice.

Media participation

The hearing will be in public (except to the extent that any order under section 42 applies), and representatives of the media are free to attend and report the proceedings. However, cameras, video-recorders and audio recorders may only be used in the hearing with the Chairman of the Board’s prior consent.

Written record

The Board will have the proceedings at the hearing recorded, and the recording transcribed. The transcripts will be available to submitters and the public on the Board’s webpage. The record of the proceedings will also include a list of the submitters who are heard and witnesses they call, and a list of all documents submitted to the hearing.

Information

The Board’s pages (http://www.mfe.govt.nz/rma/centreal/nps/electricity-generation.html) on the Ministry for the Environment website will be used to make information available to submitters and the public. The following information will be available for inspection:

The proposed NPS and Section 32 evaluation.
Reports the Board has commissioned.
All submissions and further submissions on the proposal.
All evidence lodged with the Board.

Any submitter who cannot access the website is invited to ask the Board’s Executive Officer for a convenient place where documents can be inspected, and copies made. You can contact her as follows:

Josie Beruldsen
Executive Officer for the Board of Inquiry
Telephone: 04 439 7780
Fax: 04 439 7705
Email: renewable.electricity@mfe.govt.nz

Last updated: 7 June 2011