Hearings for Resource Consent applications

This page explains how and when a hearing into a Resource Consent application will be convened under the Resource Management Act 1991.

Hearings

When submissions containing an objection are received in response to publicly notified Resource Consent applications Council may convene a hearing or hearings to consider the application.

These may be a pre-hearing meeting between all parties concerned or a formal hearing.

Pre-hearing meetings

As its name implies a pre-hearing meeting is a pre-cursor to a formal Resource Consent application hearing. Its purpose is to allow the applicant, affected persons and other interested parties a chance to discuss the application and any issues in dispute with a view to their being resolved without a formal hearing.

If no resolution is forthcoming a formal hearing will be convened.

Formal hearings

When a pre-hearing meeting is not successful in resolving application issues Council will convene a full formal hearing.  It may conduct this hearing itself or delegate the function to a Council Committee or appoint a Commissioner or Commissioners under the legislation to do it on its behalf.

All submitters may appear at the hearing, speak in support of their submission, cross-examine and be cross-examined by opposing parties.

Decisions

The decision on Resource Consent applications may be released immediately on completion of a hearing in straightforward applications or may be reserved until a future date in the case of more complex matters.

Council will advise the applicant and submitters of the decision when it is available.

Appeals

The Resource Consent applicant and any submitter at the application hearing may appeal against a consent decision. Non-submitters have no right of appeal.

The Environment Court hears appeals against decisions and conducts judicial hearings into matters under the Resource Management Act 1991.

Appeals must be lodged with the Environment Court within 15 working days from the Notice of Decision date. The timing of the appeal hearing will depend on the Court workload.

When an appeal is lodged with the Environment Court the activity for which that consent was granted cannot proceed until the appeal is completed.

This includes all building work affected by the consent.

Links to more resource consent information

Legislation:

Porirua City Council links:

External Links: