On this page is information to assist resource consent applicants plan for hearings. Publicly notified resource consents will usually involve a pre-hearing meeting if any submissions are received, and a hearing if any issues remain unresolved.
On this page:
A pre-hearing meeting:
- is informal;
- aims to clarify issues and help those involved settle on a result; and
- aims to avoid a formal hearing.
The meeting is organised by Hawke’s Bay Regional Council staff if submissions are received on a notified consent. The purpose of the meeting is to discuss any issues arising from the resource consent application, clarify any misunderstandings and for parties to discuss and work through points of disagreement. This is an opportunity to understand each other’s points of view.
The aim is to reach an agreement between applicant and the submitter. The basis of the agreement is usually a set of draft conditions. Several meetings may be required and, if an agreement is reached, then a formal hearing may not be required. If a formal hearing is required, efforts can then be focused on the unresolved contentious issues.
Hawke’s Bay Regional Council staff will set up a meeting as soon as possible after the submission period for the application has closed, and as close as practicable to the site in question. Often a visit to the site is useful in coming to agreement. Regional Council staff will usually chair the meeting, and the applicant and all submitters will be invited to attend.
For a pre-hearing meeting to be effective all parties must be willing to find a solution.
A hearing is a formal forum for considering resource consent applications. It gives the applicant and all submitters the opportunity to formally present their cases to the Regional Council’s Regulatory Hearings Committee.
The applicant or submitters should not discuss the application with any member of the Regulatory Hearings Committee prior to the hearing.
A hearing is required when:
- the consent authority (the Hawke’s Bay Regional Council) considers it necessary; or
- the applicant or a submitter requests one.
A hearing must be held within 25 working days of the submission period closing. However this time limit may be extended by the Regional Council, either on its own initiative or following a request by the applicant, and this is usually done if more time is needed to reach an agreement and avoid a hearing. Where the Regional Council extends the time it can only double the statutory timeframe of 25 working days.
The Hawke’s Bay Regional Council consents officer report and recommendation on the application is circulated to all parties not less than 5 working days before the hearing.
Hearings are not unduly formal, but to enable the Committee to make an informed decision, certain rules apply. The Chairperson has the discretion to conduct the hearing as they consider appropriate, and in general:
- the application and every submitter who has stated a wish to be heard may speak and call evidence at the hearing, either personally or through a representative.
- submitters may not raise any additional issues that were not covered in their written submissions. Points may be elaborated or explained but no new issues may be raised.
- evidence is not given on oath. Evidence may be written or spoken in either English or Maori (an interpreter will be provided if a participant in the hearing requests this at least two weeks before the hearing).
- only committee members may question any party or witness. There will be no cross-examination.
- the committee may request or receive advice.
- the hearing will be held in public unless it is necessary to protect sensitive information.
- Introduction of participants
- Applicant presents the application(s)
- Submitter(s) speak on their submission(s)
- Council staff report on the application
- Applicant responds
- Committee retires to make a decision
- The decision is notified by mail
A consent may be declined, but more often is granted subject to conditions. Compliance monitoring in the following years ensures that these conditions are met for the duration of the consent.