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Planning Bill

Planning consents - Notification, submissions, and hearings - Hearings

135: Obligation to hold a hearing

You could also call this:

"When You Need a Hearing for a Planning Decision"

Illustration for Planning Bill

You will not have a hearing for a planning consent application unless you ask for one. Another reason for a hearing is if someone who made a submission wants to speak and the consent authority thinks it is the best way to look at the information. They must have already tried to resolve issues through a conference or mediation under section 134, if that was considered appropriate by the commissioner. You might have a joint hearing or a combined hearing in certain situations set out in the regulations. The regulations will also say how the hearing must be run. The consent authority must follow these rules when holding a hearing. The commissioner decides if a conference or mediation is a good idea before a hearing, under section 136. They want to make sure everyone has a chance to be heard and that the process is fair and efficient.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1497898.

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Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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134: Consent authority may refer to conference or mediation, or

"Consent authority can ask you to discuss your planning application at a meeting or with a helper"

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136: Decision by commissioner, or

"Who Makes the Decision on a Planning Application?"

Part 4Planning consents
Notification, submissions, and hearings: Hearings

135Obligation to hold a hearing

  1. A hearing must not be held in relation to an application for a planning consent unless—

  2. the applicant has requested a hearing; or
    1. subsection (2) applies.

      1. This subsection applies if—

      2. a person who made a submission in respect of that application has requested to be heard and has not subsequently advised that they do not wish to be heard; and
        1. the consent authority considers that conducting a hearing will be the most effective and efficient means to test the information, and any issues, related to the application; and
          1. the parties have attended a conference or mediation under section 134, if the commissioner who is delegated under section 136 to decide the application considers a conference or mediation to be appropriate.

            1. A consent authority must hold a joint hearing or a combined hearing in the circumstances prescribed in the regulations.

            2. A hearing (including a joint hearing or a combined hearing) must be conducted in the manner prescribed in the regulations.