Plain language law

New Zealand law explained for everyone

Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Hearing of panel

57: Procedure if hearing is held

You could also call this:

"What happens if there's a hearing about your application"

Illustration for Fast-track Approvals Act 2024

If a panel decides to hold a hearing, they can hear from you if you made the application. They can also hear from people they asked to write a report about your application, and from people who commented on your application under section 35 or 53.

If someone who commented on your application is heard, the panel must give you a chance to be heard too. The Environmental Protection Authority will send a notice to everyone involved, telling them when and where the hearing will be.

You will get at least 5 working days' notice before the hearing, and the notice will tell you that you can attend, be represented, and call evidence to support your application. You must let the Environmental Protection Authority know within 3 working days if you will attend the hearing.

If you say you will attend but do not show up, the panel can still hold the hearing. The panel must finish the hearing within a certain time frame, as stated in section 79, so they can make a decision under section 88.

Some rules from the Local Government Official Information and Meetings Act 1987 and the Resource Management Act 1991 also apply to the panel's hearing, as if the panel were a board of inquiry.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1000548.

Topics:
Government and voting > Government departmentsEnvironment and resources > Town planning
Previous

56: Hearing not required, or

"The panel can make a decision without a meeting or hearing where you get to speak."

Next

58: Other provisions about conduct of hearing, or

"Rules for how a hearing is run, including respect for Māori customs and language"

Part 2Fast-track approvals process
Panel consideration of substantive application: Hearing of panel

57Procedure if hearing is held

  1. If, in its discretion, a panel considers it is appropriate to hold a hearing on a substantive application (or any part of a substantive application), it may hear from—

  2. the applicant (or, if the substantive application is lodged by more than 1 authorised person, any of those persons); and
    1. any person commissioned by the panel to write a report on the substantive application; and
      1. any person or group that provided comments under section 35 or 53.

        1. If a person or group that provided comments is heard, a panel must give the applicant the opportunity to be heard.

        2. If a panel decides to hold a hearing, the EPA, at the direction of the panel, must issue a notice of hearing to persons and groups referred to in subsection (1), fixing the date, time, and place of the hearing.

        3. The notice must give no less than 5 working days' notice of the hearing, and must advise the persons and groups notified—

        4. that they may appear and be heard, be represented, and call evidence in relation to the substantive application (or the part of the substantive application for which a hearing is held); and
          1. that they must, within 3 working days after the notice of hearing is given, advise the EPA whether they will attend the hearing.

            1. If a person or group advises the EPA under subsection (4)(b) that they will attend a hearing but fails to appear, the panel may proceed with the hearing.

            2. A panel must complete any hearing within the time frame allowed under section 79 for the panel to issue its decisions under section 88.

            3. For the purposes of this section and sections 58 and 59, Part 1 and sections 48 and 53 of the Local Government Official Information and Meetings Act 1987 apply, with any necessary modifications, as if a panel were a board of inquiry given authority to conduct a hearing under section 149J of the Resource Management Act 1991.

            Compare