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Fast-track Approvals Bill

Fast-track approval approvals process for eligible projects - Process for panel consideration of substantive application - Hearing of panel

24Q: Procedure if hearing is held

You could also call this:

“Rules for hearings about fast-track applications”

If a panel thinks it’s a good idea to have a hearing about an application, they can listen to the person who made the application, anyone who wrote a report about it, and people who gave comments earlier. If they listen to someone who gave comments, they must also let the person who made the application speak.

If there’s going to be a hearing, the EPA will tell everyone involved when and where it will happen. They have to tell people at least 5 working days before the hearing. The notice will say that you can come to the hearing, bring someone to speak for you, and show evidence. You need to tell the EPA within 3 working days if you’re going to come.

If you say you’ll come but don’t show up, the hearing can still go ahead without you. The panel has to finish the hearing within a certain time frame.

For this hearing, some parts of another law called the Local Government Official Information and Meetings Act 1987 will apply. This means the hearing will follow some of the same rules as other official meetings.

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 It might be out of date or be missing some parts.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

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 departments
Environment and resources > Town planning

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24P: Hearing not required, or

“The panel can decide without a meeting or listening to people talk”


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24QAAA: Other provisions about conduct of hearing, or

“Rules for fair and simple hearings that respect Māori culture”

Part 2 Fast-track approval approvals process for eligible projects
Process for panel consideration of substantive application: Hearing of panel

24QProcedure 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 authorised person who lodged the application; 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 24AC or 24M .
        1. If a person or group that provided comments is heard, a panel must give the authorised person 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 24V for the panel to issue its decisions under section 24W .

            3. For the purposes of this section and sections 24QAAA and 24QAAB , 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.