What is a hearing?
A hearing is a formal meeting to consider notified resource consent applications where submissions have been received. If no submissions are received but the Council officers do not support the proposal then a hearing will also be required.
Pre-hearing meetings
If submissions have been made on notified resource consent applications, pre-hearing meetings provide an opportunity for all parties to meet and discuss the application. The meetings are informal and voluntary. They are led by an independent facilitator and normally include the applicant, submitters and Council officers.
Discussion at pre-hearing meetings provides an opportunity to discuss and clarify any points raised in the application or submissions, and clarify resource management issues.
If agreement is reached between parties at a pre-hearing meeting a more formal hearing may not be required. The outcome of any pre-hearing meeting is reported to the Hearings Panel or Commissioner appointed to consider the application.
If you think a pre-hearing meeting would be useful in your case, please advise staff at the relevant Council contact centre.
When would the hearing be held?
A hearing is generally scheduled within 25 working days after the submission period closes. The applicant will be sent a schedule of all the submissions received and both the applicant and submitters will be advised of the hearing date at least 10 working days prior to the hearing being held.
Who hears the application?
An application can be heard by either a Hearings Panel or an independent Commissioner. A Hearings Panel generally comprises three people including a Commissioner plus two Councillors or Community Board members. A Commissioner will be appointed where there is a conflict of interest between the Council and the applicant, for example, if a unit within Council is the applicant for a resource consent application.
Commissioners may also be appointed to hear and make decisions on an application where requested by an applicant or submitter. Such requests are required to be made no later than 5 working days after the closing date for submissions on the application. Where such a request has been made, the Council will appoint one or more Commissioners to hear the application.
Who can attend the hearing?
All hearings are open to public and media. If you are about to be involved as an applicant or submitter in a hearing it can be helpful to come to an earlier hearing as an observer. Please contact us for dates and times of hearings.
At the hearing
A hearing gives the applicant and submitters the opportunity to present their case to a Hearings Panel or a Commissioner. The process is similar to a court hearing but not as formal.
Participants are normally heard in this order:
- applicant
- submitters (in support first, followed by submitters in opposition)
- council officers (e.g. planner, traffic planner, rural consultant)
- right of reply from the applicant.
If you have any special time constraints, please advise the Panel or Commissioner at the commencement of the hearing.
Council officer reports
To help the Hearings Panel or Commissioner understand an application for resource consent a Council Planner prepares a report. Reports may also be required from traffic planners, environmental health officers, landscape architects or other professionals depending on the issues and complexity of the application.
Reports are not the views of the Hearings Panel or Commissioner but the opinions of professional people. The decision made by the Hearings Panel or Commissioner will be based on all the evidence presented at the hearing.
The officers' reports will be sent to the applicant and all submitters wishing to be heard at the hearing. The Council is required to have these reports available five working days prior to the hearing, however in most cases the reports will be sent out 10 days prior to the hearing.
Presenting your evidence or submission
This is usually done in the form of a written statement read out at the hearing. You may present your case either personally or engage a lawyer to represent you.
If you wish to speak in Maori, please advise the Council prior to the hearing.
It assists the Panel/Commissioner if you prepare a written copy of your evidence or submission. This can contain photographs, plans, maps and other documentation. Copies should also be made available at the hearing for distribution to all parties. Please advise prior to the hearing if you wish to use slides or other equipment or if you have any other special requirements.
The applicant and submitters are not permitted to cross-examine any of the parties present. You may however, ask the Chairperson to seek clarification of any matter raised during the hearing when it is your turn to speak.
The Panel/Commissioner may request further information from an applicant at a hearing and adjourn the hearing until the information is provided, if necessary.
The applicant is permitted a right of reply after all parties have spoken. This is so they can comment on any matters arising during the hearing. No new evidence may be introduced at this stage.
After hearing the evidence and submissions the Panel members/Commissioner may decide to make a site visit to inspect the property affected by the application and familiarise themselves with the issues raised. Site visits are normally for Panel members/Commissioner only, accompanied by the Hearings Adviser (if there is one). No other parties should be present and no new evidence can be discussed.
The decision
Once the Hearings Panel or Commissioner has heard all the evidence the hearing will be declared closed. The decision is usually reserved. In general, a written decision will be sent to you within 15 working days of the close of the hearing.
Appealing the Council’s decision
If you are either the applicant or consent holder or a person who made a submission, you may appeal the resource consent decision to the Environment Court (this is part of the District Court system and separate from the Council).
The appeal must be made on the prescribed form (Form 7 of the Resource Management (forms) Regulations 1991, or similar format) and must include your status as either the applicant or submitter, your reasons for making the appeal, and the decision you would like the Environment Court to make.
Notice of an appeal must be lodged with the Environment Court and served on the consent authority within 15 working days of receipt of the notice of the decision. A filing fee applies when an appeal is lodged.
If you are thinking of lodging an appeal we strongly recommend that you seek legal assistance in the preparation of your appeal, as failure to follow the correct procedure may result in your appeal being dismissed without a hearing. The Court sometime requires appellants to pay costs to other parties, so you need to be well informed or such issues.
An applicant can object directly to the Council against any additional processing fees. Objections should be lodged with the Council within 15 working days of receipt of the decision.
If you require further information or advice contact the Council Duty Planner by phoning (03) 941 8999 .
Community Law Canterbury also provide free advice and assistance on resource management matters and can help you in preparing your case and can be contacted on (03) 366 6870 .
Alternatively, you may wish to talk to your solicitor or a planning consultant.
