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When hearings are required
Hearings are held if Environment Waikato considers it necessary, or if requested by the applicant or a submitter. They are usually held when there are issues raised by submitters that have not been resolved, or when the applicant does not agree with the resource consent conditions recommended by staff. A joint hearing will usually be held if resource consent applications have been made to another council (such as a district council) about the same proposal.
The hearing gives the applicant and all submitters who stated in their submission that they wish to be heard (whether in support or opposition), the opportunity to formally present their views to a hearing committee. The committee is normally made up of regional councillors and/or independent commissioners.
Although the procedures for a hearing are more formal than a pre-hearing meeting, Environment Waikato attempts to make the process as comfortable and non-threatening as possible for participants.
Before the hearing
All parties will be told of the date, time and venue for the hearing at least 10 working days before it is held.
Environment Waikato’s staff report and recommendations for the application will be circulated to the applicant and to all submitters who indicated that they wanted to speak about their submissions at the hearing. These will be sent to you at least 2 working days before the hearing.
If you will be speaking at the hearing you will be asked to provide a copy of your written evidence beforehand to Environment Waikato. This is so we can make it available for staff and the hearing committee. If you have not provided this material before the hearing, bring sufficient copies for everyone when you attend. You need to provide for at least the hearing committee, staff and the applicant.
If you intend to give written or spoken evidence in Maori, the hearing secretary must be told at least 5 working days before the hearing so that a qualified interpreter can be provided. You may provide your own interpreter.
We may be able to assist in providing special equipment for your presentation, such as an overhead projector, but this is not always possible. If you wish to use this type of equipment you should contact the hearing secretary well in advance of the hearing (at least 5 working days).
Contact us or call Environment Waikato’s Resource Use Freephone 0800 800 402 if you have special requirements for a hearing presentation.
In the hearing
The hearing committee considers all the information provided by the applicant about their proposal, all the submissions and the staff technical report on the application(s). This process ensures that the committee has all the information it needs to make an informed decision on the applications.
We try to ensure that the facilities for the hearing are as comfortable as possible for the participants and, whenever possible, an appropriate venue close to the proposed activity will be used.
General format
Hearings generally follow a standard format:
- The hearing is opened. The parties involved are introduced and the applications to be considered are identified. Any administrative details, such as the hearing timetable, site inspection times and specific requests are sorted out.
- The applicant (or their representative) will talk about the applications and call upon any experts to provide evidence.
- Submitters supporting the proposal present their submissions. They also have the opportunity to use experts or representatives to provide evidence for their submission.
- Submitters opposing the proposal present their submissions and call on any experts or representatives.
- Environment Waikato staff present their report. The report is usually pre-circulated, so it may be summarised with the main points highlighted. Staff will also comment on any matters raised during the hearing.
- The applicant has right of reply and, if they wish, may then respond to the submitters’ comments.
- In some circumstances the committee may decide to adjourn the hearing to allow time for further information to be sought, or for further consultation. Once the hearing is closed, the committee will retire to make a decision.
Rules of procedure
Certain rules of procedure are followed in the hearing, making sure that everyone has a fair chance to present information and have their say:
- The applicant and every submitter who has stated that they wish to be heard may speak. They may also call upon expert evidence at the hearing, either personally or through a representative such as a consultant or a lawyer.
- The chairperson or any member of the hearing committee may address questions to any of the parties at any stage of the hearing.
- No cross-examination of parties is allowed. In some cases, at the discretion of the chairperson, other parties may seek clarification of particular points. This must be done by asking questions through the chairperson.
- If there are several parties who wish to speak on the same issue the chairperson may limit the circumstances in which each party may speak.
- The applicant’s right of reply must be confined to matters arising out of the evidence or any legal points that require clarification. No new issues may be introduced at this stage.
Hearing duration
Hearings may take more than one day, particularly those with complex issues, that require a site visit, or when there are many submitters who have indicated they wish to be heard.
Not all the days allocated may be needed. However, people involved in the hearing should allow for attendance on each day of the hearing and be prepared to present their submissions as they are called. Because it is difficult to predict how long presentations will take, people should not assume that they will be able to book a particular time or day to present their evidence.
If more than one day is required, the hearing will recommence the following day at a time specified by the chairperson. People who are not present at the conclusion of the first day should confirm the start time for the next day with the hearing secretary.
After the hearing
As soon as possible after the hearing ends (usually on the same or the following day), the hearing committee will consider all the information supplied by the applicant, the submissions and reports by Environment Waikato staff. The views expressed in written submissions are taken into account even if they are not presented at the hearing.
The committee will then decide whether or not to grant the resource consent and will consider any conditions that may apply to the resource consent.
The decision is normally circulated within 15 working days following the closing date of the hearing.
More information
Some resource consent applications are for activities that may have wide-ranging effects on the environment and/or many people. These significant applications generally attract a lot of public interest because of the effects they may have on the community's environmental, economic, cultural, recreational or spiritual values.
Find out about some of Environment Waikato's hearings and decisions for significant consent applications.
Find out more about hearings procedures by visiting the Ministry for the Environment's website. This website has a range of guides for the public about resource management and consent processes.