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Consent Hearing Process

Fees and charges for resource consents

The Resource Management Act 1991 is designed to enable the public to participate in the resource management process. Part of this participation can involve appearance at a hearing.

If a person makes a submission on a resource consent application then that person has the right to be heard if the application proceeds to a full hearing. However, not all consent applications need to proceed to a hearing. The Resource Management Act allows the convening of pre-hearing meetings.

These meetings allow the applicant and submitter(s) to work out points of disagreement and misunderstanding. If an agreement is reached then a formal hearing may not be required. If no agreement is reached then a formal hearing is required (see diagram below).

Where applications are made to more than one consent authority on the same proposal, a joint hearing may be required. These joint hearings have a specific administrative procedure. Environment Southland staff can provide advice on this.

What is a hearing?

A hearing is a formal forum for considering resource consent applications. It gives the applicant and all the submitters the opportunity to present their cases formally to a Hearings Committee or Hearings Commissioner(s). You may choose to have legal representation.

When is a hearing required?

A hearing is only required if:

1. The consent authority (Environment Southland) considers it necessary; or
2. The applicant or a submitter requests a hearing

Under the provisions of the Resource Management Act, a hearing must be held within 25 working days of the submission period closing. Environment Southland may extend this time limit, either on its own initiative or after a request from the applicant.

The Hearing Committee

Hearings Committees normally comprise three or more regional councillors. In some instances there can be additional technical appointees, independent commissioners, or an appointee of the Minister of Conservation serving on a Hearing Committee.

The Hearing Committee acts as a quasi-judicial body and under legislation is able to set its own procedure. The general hearing format is as follows:

• Introduction
• Council reports on the application are formally acknowledged
• Applicant presents application(s)
• Submitter(s) speak on their submission(s)
• Applicant responds
• Hearing is closed or adjourned
• Decision is circulated

Hearing requirements

The applicant and every submitter who has stated a wish to be heard may speak and call evidence at a hearing, either personally or through a representative.

Environment Southland has set its own procedures including the pre-circulation of evidence. All technical evidence should be pre-circulated five working days before the hearing. This should be mailed to all parties involved in the hearing.

If technical advice is not pre-circulated it can result in an adjournment of a hearing or in parties being given additional time to make another submission on late evidence. Such options can hinder the process and therefore all parties should pre-circulate evidence.

Submitters may not raise any issues that were not covered in their initial written submission. Points may be elaborated on but no new issues may be raised.

Hearings Committee members may ask questions of the applicant and submitters to seek clarification. Staff and submitters may submit questions on points of clarification to the Chairmain. The Chairman decides whether the question is appropriate and, if so, asks the question. Cross-examination is not permitted.

The Committee may seek any additional advice it requires to assist the hearing process.

The hearing will be held in public unless it is deemed necessary to protect sensitive information.

Evidence may be written or spoken in Maori. To allow an interpreter to be available, please provide sufficient notice to Environment Southland.

At the conclusion of the hearing, the Hearing Committee has 15 days in which to release its decision.

Does it cost to attend a hearing?

Each participant in a hearing bears his/her own costs (e.g. time off work, expert witnesses). The Council has no powers to award costs to any party. The Council's costs are borne by the applicant.

Making effective statements at hearings

The purpose of appearing at a resource consent hearing and presenting evidence is to get the point of your submission understood by the Hearing Committee, in order to influence the final decision.

Things to do

Be clear, concise and remember to state the following:

• The reason for making your submission; and
• Whether you oppose, support, or wish only to comment on the application
• Feel free to attach additional information, but make sure it is securely attached to your evidence and clearly number it.
• When referring to a plan or policy statement, state the relevant rule or policy, page, paragraph or map
• State the issue or part of the issue that affects you. If the application affects you in more than one way, address each point separately. Back-up each concern/issue with separate details
• Clearly state what you want the consent authority to decide (this is the crux of your submission)
• If you have local knowledge or expertise then use it – do not feel intimidated by an "expert", but explain how you differ from the expert and why. Local knowledge combined with “reasonably held views” is important and relevant. Back up anecdotal evidence with facts, including photographs, measurements and opinion surveys
• Remember to bring enough copies of your evidence for the Hearings Committee, the applicant and other parties. If you are presenting technical evidence this should be pre-circulated five working days before the hearing

Things to avoid

• Do not deviate from the issue at hand – either in the preparation of your evidence or in the presentation at the hearing
• Try not to confuse issues by getting sidetracked by irrelevant matters (these may be important to you, but you need to ask if and how they relate to the issues you have defined, and the relief you have sought)
• Do not try to sound like an expert or a politician – just be yourself
• Game playing, allegations and conspiracy theories are unhelpful and inappropriate
• Attacking the applicant, Council or Council staff is inappropriate and counter-productive. If you disagree with the Council, say so in a neutral way (e.g. "I would like to ask the Council to re-examine...")
• Submissions can make positive suggestions to improve procedures or to avoid problems

Do I need a lawyer?

Employing a lawyer to present a submission at a resource consent hearing is not necessary. Hearings are forums for everyone and most people are capable of presenting their own case. However, it would be unwise for a non-legal practitioner to prepare a legal argument.

Councillors do not need to be experts on most (or any) of the subjects they hear evidence about. Stay within the bounds of your knowledge and seek guidance when stepping beyond them. Be aware that the applicant will typically employ expert witnesses such as planners, lawyers, scientists, engineers, and other resource management consultants.