Hearing held
The hearing must be held no later than 25 working days after the closing date for submissions, unless the council requires briefs of evidence for the hearing in which case the hearing must normally be held within 40 working days of submission closure (section 41B(7)). At least 10 working days' notice must be given of the hearing.
The council will usually commission a council officer or a consultant to prepare a report on the application. Such a report is required to be circulated at least five working days before the hearing or fifteen working days if the consent authority has directed the applicant to provide briefs of evidence (section 42A). When convening a hearing the consent authority must (section 39):
- Avoid unnecessary formality
- Recognise tikanga M?ori where appropriate
- Not permit anyone other than members of the hearing body to question any person
- Not permit cross-examination
Consent authorities have broad powers to manage hearings. They can direct (sections 41B and 41C):
- Applicants to provide briefs of evidence at least 10 working days before the hearing
- Submitters who are calling expert evidence to provide briefs of evidence at least 5 working days before the hearing
- The order in which evidence and submissions will be presented
- That evidence and submission be recorded, taken as read or limited to matters in dispute
- That evidence and submissions be presented within a prescribed time limit
Consent authorities can also ask submitters to provide further information before or at the hearing and applicants to provide further information at the hearing.
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 or would otherwise constitute and abuse of process. There is no direct appeal 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 (section 39B). No decision will be rendered invalid, however, if this requirement is breached (section 39C). The Minister for the Environment must approve qualifications establishing a person's accreditation (section 39A).
