Hearings
Anyone can participate in the decision-making process for proposals of national significance by making a submission and attending the hearing. Whenever possible, all board of inquiry hearings will be held in locally affected areas. Only the applicant and submitters have a right to be heard at the hearing.
More information on current applications
Hearing procedures
A board of inquiry is responsible for the conduct of a hearing. The board must give notice to the parties of the hearing timetable. The board may set procedures in advance of the hearing to ensure that the process runs smoothly and to time.
If the board does set hearing procedures, these will be made available to the parties. These procedures describe how the board of inquiry intends to conduct the hearing and includes key dates. The hearing procedures for current boards of inquiry are available on their websites.
The board may also request further information from the applicant or submitters or commission reports on the application. All information and reports will be made available to the parties.
What to expect
Board of inquiry and Environment Court hearings are generally more formal in nature than a council hearing. There could be a larger number of people involved, including experts and lawyers. Presentation of evidence and cross-examination may mean that the hearing is longer than a council hearing.
Every person who makes a submission on a proposal has the right to speak to their submission at the hearing. Submitters are only able to talk about issues they have included in their written submissions. Submitters should indicate whether they would like to be heard on their submission form.
Submitters don't have to speak to their submissions, and while speaking at a hearing can help highlight points in the submission, a submission is just as valid if the submitter does not speak to it. If you do speak at a hearing, you will only be able to address issues raised in your original submission.
Like at a council hearing, members of the board or Court can question both the applicant and submitters. But unlike a council hearing, cross-examination of witnesses may be allowed.
Also, unlike a council hearing, there is no subsequent right of appeal to the Environment Court for a decision made by a board of inquiry. Its decisions can only be appealed to the High Court on points of law. This means that the case that a submitter presents should be clear, concise, well reasoned and cover all points of concern.
When speaking at a hearing submitters can make a statement and may present 'evidence' in support of that statement.
A statement is simply a summary of the decision that a submitter wants the board or Court to make, and is usually not made under oath. It usually highlights the main points of a submission and might respond to submissions made by others. Submitters can make their own statement, or can choose to be represented by a lawyer or other agent.
Evidence is about matters of fact, or in the case of qualified experts, matters of opinion about issues within their field of expertise. Evidence is given under oath and people giving evidence may be cross-examined by other parties or their lawyers. If presenting evidence, submitters may be required to circulate it prior to the hearing.
How to prepare
Submitters should identify the key points that they want to raise and make sure that these are covered in their presentation. Be specific about concerns, how these could be addressed, and what the desired outcome is. It is a good idea to think about what questions the board or Court might ask, and how these could be answered.
When presenting a statement submitters should stick to the matters raised in their submission. Don't play on emotions, breach protocol or get distracted by personal issues or past disputes.
For more information see An Everyday Guide to the RMA booklet 3.3 Appearing at a Resource Consent Hearing and booklet 5.2 Appearing at a Council Plan or Plan Change Hearing.
Last updated: 1 October 2009
