Notified process

Where an application for marine consent is publicly notified a hearing may be held if the EPA considers it necessary or desirable, but must be held if the applicant or a submitter requests a hearing. ¹¹⁷  The hearing must be held within 40 working days of the close of submissions. The applicant and submitters must be given at least 20 working days notice ¹¹⁸  and the hearing must be completed within 40 working days after the first day of the hearing. ¹¹⁹

The EPA has discretion to extend specified time periods specified in the EEZ Act or in regulations and waive a failure to comply with service requirements. ¹²⁰

The procedure for a hearing is determined by the EPA but is required to be fair and appropriate in the circumstances. ¹²¹  In determining an appropriate and fair procedure for a hearing, the EPA must avoid unnecessary formality, recognise tikanga Māori where appropriate, and receive evidence written or spoken in Māori.

At a hearing, the applicant and submitters who requested to be heard may speak (either personally or through a representative) and call evidence. ¹²²  No person may question a party or witness unless the EPA gives permission. ¹²³ In the first Trans-Tasman Resource Marine Consent Application, the Decision-Making Committee allowed questions to be put to witnesses directly, as did the Chatham Rock Phosphate Marine Consent Application Decision-Making Committee. The second Trans-Tasman Resource Marine Consent Decision-Making Committee put questions to the witnesses which had been requested in writing by submitters and the Applicant. 

The EPA may require briefs of evidence to be provided prior to the hearing. In such a case the applicant will need to provide briefs of evidence at least 15 working days prior and submitters will need to provide briefs of evidence at least 10 working days prior. ¹²⁴  The EPA may direct that evidence and submissions be recorded, taken as read, limited to matters in dispute or may direct the applicant or submitters to present within a time limit.

A submission or part of a submission may be struck out if it is frivolous or vexatious, discloses no reasonable or relevant case, or it would be an abuse of the hearing process to allow it to be taken further. ¹²⁵