A pre-hearing meeting is an informal forum which may be held if submissions are received on a notified resource consent application.
Pre-hearing meetings may be requested by a submitter or the applicant, but are usually initiated by Council staff where there are issues able to be resolved. The purpose of a pre-hearing meeting is to:
- clarify issues raised by submitters;
- give the applicant an opportunity to consider the issues raised; and
- find common ground that will allow the proposal to proceed without a formal hearing, while ensuring that the reasonable concerns of the submitters are adequately addressed.
Who can attend?
Any of the submitters and the applicant can attend a pre-hearing meeting. Lawyers (in their legal capacity) are not encouraged to participate, but may attend as observers.
Where and when will it be held?
It may be held at the subject site or as locally as possible, and may be held in the evening to enable people to attend. The meeting will be held as soon as possible after the submission period for the application has closed.
How is a pre-hearing meeting run?
The Council officer, who will mediate the discussion, will run the meeting. Everyone will be given the opportunity to have a say. The officer will circulate any resolutions to all parties. If some standard conditions can be agreed upon by all the submitters and the applicant, a hearing can be avoided. After a pre-hearing meeting a draft officer’s report is circulated to both the applicant and submitters (who may then withdraw their submission, or their request to be heard, if they have indicated they wish to speak at the Hearing).
The report considers an assessment of the application under the Resource Management Act 1991, and includes proposed consent conditions, for example, environmental standards and monitoring requirements.
For a pre-hearing meeting to be successful:
- there must be the potential for resolution; and
- all parties must be willing to find a solution.
Hearings
A hearing is a formal forum for considering resource consent applications which have been publicly notified and where resolution on all matters has not been reached between the applicant and submitters. All parties have the opportunity to present their case to a Hearing Committee or Commissioner(s).
A hearing is required if:
- the Council considers it necessary; or
- the applicant or a submitter requests a hearing; or
- the application is for a restricted coastal activity.
The Council must hold a hearing within 25 working days of submissions closing. This time-limit may be extended by the Council, either on its own initiative or after a request from the applicant.
Before the hearing
The time and place for the hearing will be notified to all parties. The officer's report on the proposal, including a recommendation and conditions, if appropriate, will be forwarded to all parties prior to the hearing. Evidence to be presented by others at the hearing will also be circulated to all parties beforehand.
The Hearing Committee
The Hearing Committee will consist of three or more Councillors, although in some circumstances one or two Councillors may make up the Hearing committee.
Independent commissioners
An independent commissioner may be appointed where there is a conflict of interest, for example, with the Council being the applicant, or where the Hearing Committee requires assistance with technical or scientific information.
How is a hearing run?
The chairperson of the Hearing Committee will require all parties to the hearing to introduce themselves and will invite the applicant to introduce the proposal and call on any expert evidence.
Submitters are then invited to speak to their submission. Points can be elaborated on, but generally no new issues beyond the submission may be raised. Submitters can have a representative give their case for them.
Evidence is not given on oath.
The Council officer who prepared a report on the proposal and all issues raised in the submissions is then invited to comment on any of the evidence that has been given at the hearing.
Only the Hearing Committee may question any party or witness. There is no cross-examination. Staff may be invited to ask questions for the purpose of clarification.
A hearing will be held in public unless the Council considers it is necessary to protect sensitive information.
Evidence may be written or spoken in Maori. An interpreter will be provided. Five days advance written notice of evidence to be presented in Maori must be given to Council Consents staff so they can arrange an appropriate interpreter.
If a proposal requires consents from the District Council as well as the Taranaki Regional Council, a joint hearing may be held. A joint hearing will have representatives from all relevant consent authorities hearing the evidence at the same time, rather than parties having to present it separately. Normally a decision will be made jointly but issued separately.
Decisions and appeals
A decision will be notified to the applicant and all submitters within 15 working days after the conclusion of the hearing.
If the applicant or any of the submitters do not like the decision, they have a right to refer the decision to the Environment Court. This has to be done within 15 working days of receipt of the Council’s decision, and must be on the appropriate form. As with any judicial process, appeals to the Environment Court may be both expensive and time consuming with no guarantee of a favourable outcome. If you are considering such an appeal, you are strongly advised to seek legal advice.
The Taranaki Regional Council also has available a Resource Consents Procedures Document which outlines the process in more detail, and a guide for applicants and submitters to hearings under the Resource Management Act 1991.
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The Regional Policy Statement and regional plans (air, coastal, fresh water and soil) are available at the Council’s office and in public libraries throughout the region.
The Council's Consents staff are also available to assist with any queries you may have.
| Email: | consents@trc.govt.nz |
| Phone: | 06 765 7127 |
| Fax: | 06 765 5097 |
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