Resource consent hearings procedures
This page explains the standard procedures for resource consent hearings. Please note that the Chairperson of the Hearings Panel may vary the Hearing format if circumstance arise.
The Chairperson will introduce the Hearing (welcome the participants, introduce the Hearings Panel and explain the Hearings process).
Everyone who has stated that they wish to be heard will be asked to identify themselves, and/ or their representative, and their role (as applicant, submitter in support or opposition) in the Hearing.
The Chairperson will set out the order of appearance of those who wish to be heard.
Council’s Reporting Officer introduces the application and summarises the key issues.
The applicant describes their proposal and presents their case, which may include evidence.
Submitters present their submissions, which may include the calling of evidence.
Council Officers present their report – Resource Management Officer and technical experts as necessary.
The applicant has the right of reply. This is for summarising evidence and commenting on issues already raised.
The Chairperson will close or adjourn the Hearing for the Panel to decide on the application.
The Panel may exclude the public during its deliberations, as provided by the Local Government Official Information and Meetings Act 1987.
All parties will be notified in writing of the decision and any conditions and the reasons for these.
No decision may be acted upon until the appeal period of 15 working days after receiving the decision has passed, and no appeal has been lodged.
Protocols for Hearings
Hearings will be as informal and friendly as possible.
The applicant must provide written evidence to the Council at least 10 working days before the Hearing. The Council will then make it available to the submitters.
Submitter’s who are intending to call expert evidence must provide their evidence to the Council at least 5 working days before the Hearing.
Hearings Panel members may ask questions of the applicant and submitters to seek clarification. Cross examination is not permitted.
The Panel may seek any additional advice or information if it requires it to assist the Hearing process under Section 41(4) of the Resource Management Act 1991.
The Hearing will be held in public, unless it is deemed necessary to protect sensitive information.
Evidence may be written or spoken in English or Māori. To allow an interpreter to be available, five working days notice must be provided to the Invercargill City Council.
Only submitters who made a submission in relation to the application, and who stated in their submission that they wished to be heard, can speak or have a representative speak for them at the Hearing.
Submitters should not raise any issues that were not covered in their initial written submission. Points may be elaborated on but no new issues raised.
Only the applicant has the right of reply at the conclusion of the Hearing.
Hearings can be adjourned for further information or to enable the parties to further discuss issues.
At the conclusion of the Hearing, the Panel has 15 working days to release their decision.
Where resource consent is required from the Invercargill City Council and either Southland District Council or Environment Southland, a joint Hearing may be held.
Council Chamber
Most Hearings are held in the Invercargill City Council’s Council Chamber.
The Council Chamber is located on the first floor of the Civic Theatre, 88 Tay Street, Invercargill. Staff at the main foyer on the ground floor will be able to direct you to the Council Chamber.
Seating is provided in the Council Chamber for the applicant, submitters and the public. This is to the right as you enter the Council Chamber.
When it is your turn to speak to the Committee, you will be invited to sit at the Council table.
The Council Chamber is fitted with a microphone system. If at any time you have difficulty hearing the speakers please indicate this to the Chairperson.
There are public toilets located on the first floor.
If you have any special needs, please advise Council officers prior to the Hearing.
In an emergency event an alarm will sound. Please leave the building via the fire exits and assemble in the Civic Theatre car park until the “all clear” signal is given.
Please switch off cell phones during the Hearing.
Advice
If you require further information, get in touch with the Planning team.
Planning team
Email: duty.planner@icc.govt.nz
Phone: (03) 211 1777
