Hearing held

The applicant and any submitter who stated they wished to be heard at the hearing may speak (either personally or through a representative) and call evidence. ^{9042f762-7be8-459c-b279-5e833360e297}  The applicant and submitters who stated they wish to be heard must be given at least 10 working days' notice of the hearing. ^{9d1b3f1d-46b4-4de7-8b47-ac4ea6a56ff8}

The council will usually commission a council officer or a consultant to prepare a report on the application. The report,and briefs of evidence for any witness to be called by the consent authority, is required to be circulated to the applicant and submitted who stated they wish to be heard at least fifteen working days before the hearing. The report is generally very useful for preparing submissions to the hearing panel.

The applicant is required to provide brief of evidence for any witness it intends to call at least ten working days before the hearing. A submitter who wishes to call evidence must provide briefs of evidence at least five working days before the hearing. ^{123c4327-aa13-4bbc-b321-3ae1aa135049}

The hearing must: ^{085ecd18-f076-4466-b934-7b0291d711f5}

• Be held in public, unless otherwise required for the protection of sensitive information;
• Be appropriate and fair in the circumstances;
• Avoid unnecessary formality;
• Recognise tikanga Māori where appropriate;
• Not permit anyone other than members of the hearing body to question any person; and
• Not permit cross-examination.

Consent authorities have broad powers to manage hearings. They can:

• Limit the ability of parties having the same interest to speak or call evidence, if it considers there is likely to be excessive repetition; ^{cdf41ac5-6dfe-4219-9213-fec670e0afe8}
• Proceed with a hearing if the applicant or a person who stated they wished to be heard fails to appear at the hearing, if it considers it fair and reasonable to do so; ^{2c99be0b-4dc0-44d6-be17-da36e526bca0}
• Take actions to maintain order; ^{21ac42f9-d6d7-4f42-acd7-a38f5ac185fd}
• Summon witnesses; ^{4357180f-7af8-4ef2-a615-e4fbc966e6a9}
• Direct applicants to provide briefs of evidence at least 10 working days before the hearing; ^{d7c7769f-e962-496b-a21a-bb2202d613d5}
• Direct submitters who are calling expert evidence to provide briefs of evidence at least 5 working days before the hearing; ^{441bfe65-6ebb-499d-b22c-7dd030272f08}
• Direct the order in which evidence and submissions will be presented; ^{1aa86e7f-c535-454d-8389-c8560510acd6}
• Direct that evidence and submission be recorded, taken as read or limited to matters in dispute; ^{d36fec5e-da7b-40b2-8646-7d9d7be2be54}
• Direct that evidence and submissions be presented within a prescribed time limit; ^{d4e072ee-d12f-4ff0-9896-438af0321d03}
• Ask submitters to provide further information before or at the hearing and applicants to provide further information at the hearing; ^{caa439b3-003e-4ad7-8001-12befab61901}
• Commission a person to prepare a report on a matter on which the consent authority requires further information; ^{eb75e349-eac9-4d87-b13b-dc93507442c4}
• Direct a submitter not to present the whole or parts of the submission which are irrelevant or not in dispute; and ^{c979fe41-fa36-4836-b5f0-9b302c27ec1f}
• Exclude the public from a hearing or restrict the publication or communication of information presented, if necessary where the protection of sensitive information outweighs the public interest in making that information available. ^{71fde953-06f8-42d3-bb63-a6cba82ec1a4}
• Direct that a hearing be held using remote access technology.  This means that decision-makers, the authority, and any interested parties will all participate by external audio and visual communication means.  An authority can also hold a hearing by remote access technology if it is appropriate and fair to do so and it is satisfied the necessary facilities are available.  Reasonably practicable steps need to be taken to make remote access, for example by an internet site, available, and the hearing record must be made available free of charge. ^{a84bf80a-075d-4695-a6af-2f3e516635da}

Consent authorities can strike out submissions before or at the hearing on the basis that they are frivolous or vexatious, disclose no reasonable or relevant case, would otherwise constitute an abuse of process, supported only by evidence that purports to be independent expert evidence but is not, or contains offensive language. ^{62c3d902-6b18-4bf1-a44c-32ea9b0df1b9}  

There is no direct appeal right in respect of such a strike out decision but there is a right of objection to the consent authority under section 357. A decision on the objection can then be appealed to the Environment Court.

The chairs of hearings panels are to be accredited and the majority of hearings panel members are to be accredited. ^{3eb46985-49dc-4c59-9d4d-3e1529c859b0}

No decision will be rendered invalid, however, if this requirement is breached. ^{61ac6df4-d5c3-40e0-be9f-fd68b7fbe493}  The Minister for the Environment approves qualifications establishing a person's accreditation. ^{1c3cc87b-58d7-4a2e-9f5d-ddfe7ac106d7}

If an application was publicly notified, the hearing must be completed within 75 working days of submissions closing. If an application was limited notified, the hearing must be completed within 45 working days of submissions closing. ^{4d99655d-4c44-4470-b399-e3cda386e07d}

Last updated at 4:19PM on August 20, 2021