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Hearings CommitteeTe Komiti Whakawātanga

This committee considers and recommends to Council processes, policies and guidelines to ensure effective management of Resource Consent and Plan Development processes.

The Committee is delegated, under section 34(1) of the Resource Management Act (RMA) to hear and decide resource consent applications and s357 objections, and; under section 82 of the Biosecurity Act (BA), to hear and make decisions on statutory documents and to authorise the resolution and settlement of appeals and references through formal hearings or mediation before the Environment Court or any other judicial body.

Terms of Reference

Chair: Martin Williams

Deputy Chair: Rick Barker

Members: Hinewai Ormsby, Craig Foss

2x Maori Committee & 2x Regional Planning Committee tangata whenua reps to be confirmed

1. Pursuant to Section 34(1) of the Resource Management Act (RMA) the Hawke's Bay Regional Council delegates the following functions, powers and/or duties under the RMA[1]:
1.1. To hear and make decisions on applications arising out of the Council's regulatory responsibilities on:
1.1.1. notified applications where submissions have been made and submitters wish to be heard;
1.1.2. reviews of conditions (s.128) where consent holder and/or submitters wish to be heard;
1.1.3. notified applications where submissions have been made and where the Committee considers it necessary to hold a hearing;
1.1.4. objections to decisions made under delegated authority by staff, where they wish to be heard (s.357);
1.1.5. where the staff recommendation is to decline any application for reasons other than inadequate information;
1.2. To determine other related discretionary process matters that may be associated with a hearing such as waivers of time, as appropriate under the Resource Management Act 1991.
1.3. To hear and make decisions on objections against costs under Section 36(6) of the Act and objections to the levying of Financial Contributions under Section 108 of the Act.
1.4. To hear and make decisions on lapsing of consents under Section 125 of the Act where Council Policy directs, or staff elect not to make a decision under delegated authority, or where a decision of an officer acting under delegated authority is subject to an objection.
1.5. The appointment of Hearings Committee members or independent commissioners to a Hearing Panel to undertake the functions set out above in 1.1 to 1.4 pursuant to s 34A RMA and the appointment of the Chairperson of the Hearing Panel.
2. Pursuant to section 82 of the Biosecurity Act (BA) the Hawke’s Bay Regional Council delegates the following functions, powers and/or duties under the BA:
2.1. To hear and make decisions on submissions received on any statutory documents prepared by Council which have been subject to a formal submission process under the Biosecurity Act.
2.2. To authorise the resolution and settlement of appeals and references through formal hearings or mediation before the Environment Court or any other judicial body which relate to the preparation of any statutory documents prepared under the Biosecurity Act by the Council and to either generally or from time to time delegate to officers the authority to resolve and settle appeals and references through formal mediation.
3. Pursuant to section 83 and Schedule 7 (clause 32) of the Local Government Act 2002 the Hawkes Bay Regional Council may, on a case by case basis, delegate the following powers, duties and functions under the LGA:
3.1 to hear submissions and to decide or make recommendations to the Council on a proposal that is subject to a special consultative procedure. [2]
3.2 to further delegate the functions under 3.1 to another subordinate decision making body, or to an officer of the Regional Council.
4. The Hawke’s Bay Regional Council delegates to the Hearings Committee Chairperson and Council Chairperson, the ability to appoint Hearings Committee members or Independent Commissioners to a Hearing Panel to undertake the functions set out above in 1 and 2 above and the appointment of the Chairperson of the Hearing Panel.

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