Hearings

A hearing gives all involved the opportunity to formally present their views.

If we consider that a hearing is necessary, or the resource consent applicant or any submitters on the application request to be heard, then we have to hold a hearing.

A hearing is a formal part of the resource consent application process that gives the applicant, and all submitters who wish to be heard, the opportunity to formally present their views, and supporting evidence, to a hearing commissioner(s).

Pre-hearing meeting

In some cases, it may be appropriate for us to hold a pre-hearing meeting to provide a forum for discussion. These meetings can be useful to clarify a matter or issue, or facilitate resolution of a matter or issue. We may invite, or require, a resource consent applicant and some or all of the submitters to attend the meeting.

Council encourages applicants and submitters to consider the option of a pre-hearing meeting in instances where there is the potential to resolve matters of concern, or an ability to narrow the areas of disagreement to be considered at the formal hearing.

Hearings

If a hearing is required, the Council will appoint a hearing commissioner(s) to hear the views and evidence of the parties, and to make a decision on the resource consent application.

  • All parties will receive notice of the date, time and venue for a resource consent hearing at least 10 working days beforehand.
  • The Council’s planning report will be circulated to the applicant and to all submitters who wish to be heard at least 15 working days before the hearing is held.
  • Applicants must provide all their evidence to the Council at least 10 working days before the hearing.
  • Submitters presenting expert evidence must provide that expert evidence to the applicant and the Council at least 5 working days before the hearing.

  • Hearings are open to the public to attend, however the only people who have rights to speak are the applicant, submitters, the Council staff, and the hearing commissioner(s).  Applicants and submitters can bring expert witnesses to help them present their views.
  • At the start of the hearing, the hearing commissioner (or the chairperson if there are more than one) opens the hearing, introduces the parties involved and outlines the procedure for the hearing.  
  • The applicant (or their representatives) then presents their application and calls any experts they may have to provide evidence in support of their application.
  • Submitters are then given the opportunity to present their submissions. They will have the opportunity to use experts or representatives to provide evidence in relation to their submission if they wish.
  • After all the submitters have spoken, the Council planning officer(s) discusses their report. The planner will also address any planning matters that have arisen through the course of the hearing. Other Council staff may also present evidence in their areas of expertise.
  • The applicant then has the right of reply, to respond to any issues raised during the hearing. 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. In some instances, the applicant may request that a written right of reply be provided at a later date (to be set by the hearing commissioner(s)) if there are issues that require further attention.
  • After the applicant has completed their reply, whether on the day or at a later date set by the hearing commissioner(s), the hearing will then be officially closed.
  • In some circumstances the hearing commissioner(s) may decide to adjourn the hearing to allow time for further information to be provided, or for further consultation to occur.

  • The hearing commissioner(s) may ask questions of any parties at any stage of the hearing.
  • No cross-examination of parties is allowed. In some cases, at the discretion of the hearing commissioner(s), other parties may seek clarification of particular points by asking questions through the hearing commissioner(s).

Further information

Read the useful guide on the Ministry for the Environment website which provides further information about hearings.