Pre-hearing meetings
Pre-hearing meetings can be organised by the Council. They provide an opportunity for the applicant and submitters to understand each others' viewpoints and if possible, sort out any points of disagreement.
Any of the submitters and the applicant can attend a pre-hearing meeting.
The purpose of a pre-hearing meeting is to:
- explain issues raised by submitters;
- give the applicant an opportunity to consider the issues; and
- find common ground that allows the proposal to proceed without a formal hearing and make sure the reasonable concerns of the submitters are addressed.
If the issues are resolved to the Council’s satisfaction, there is no need for a formal hearing.
If requested, pre-hearing meetings are often facilitated by Northland Regional Council staff. They can also be arranged and take place without the direct assistance of the Regional Council.
Hearings
What is a hearing?
A hearing is a formal legal process for considering a resource consent application and the presentation of submissions. It gives the applicant and all submitters the chance to formally present their case.
A hearing is required if the:
- Council considers it necessary; or
- applicant or a submitter requests a hearing; or
- application is for a restricted coastal activity.
A Hearings Committee usually consists of one or more Regional Councillors. Our technical staff are usually also on hand to advise the Committee.
Sometimes there may be a joint hearing involving applications to the Regional Council and a District Council for the same project.
What happens before a hearing?
Before the hearing, the Council officer's report and recommendation will have been sent to the applicant, the submitters and the Hearings Committee.
You will be given an approximate time when your submission will be heard. If you arrive early you will be given a seat and will be expected to wait quietly until it is your turn to speak. When it is your turn to present your submission, the Chairperson will ask you to speak to the Committee.
What happens at a hearing?
Although a hearing is a legal process under the Resource Management Act, hearings are not too formal.
The following rules apply during a hearing:
- Only Hearings Committee members may question any party or witness. There is no cross-examination.
- If you have earlier asked to speak at the hearing, either as an applicant or a submitter, the Committee Chairperson will tell you when it is your turn.
- Evidence may be written or spoken in either English or Māori. A Māori interpreter will be provided if required, however, you must request an interpreter at least two weeks before the hearing.
The general format for a hearing is:
- The Chairperson of the Hearing Committee opens the hearing, introduces the parties involved, identifies the applications being considered and decides on any administrative details such as the hearing timetable, specific requests, etc.
- The Council’s technical officer(s) briefly outlines each application, describes the area and provides background information relating to the previously circulated staff report and recommendation.
- 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 who wished to be heard at the hearing are then given the opportunity to present their submission. They will have the opportunity to use experts or representatives to provide evidence to their submission.
- The Council’s technical officer(s) answers any questions raised in the material presented by the applicant and submitters and has the opportunity state any changes to their original recommendation
- The applicant then has the right of reply and to respond to any issues raised by the submitters and Council’s officer(s).
- After the applicant has finished, the Chairperson will then adjourn or close the public part of the hearing. The Hearing Committee will then retire to consider its decision.
In some circumstances the Committee may decide to adjourn the hearing. This allows for further information to be provided, or for additional consultation to occur.