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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:

“Steps for holding a hearing about a fast-track application”

If a panel thinks it’s a good idea to have a hearing about an application, they can do that. They can listen to the person who made the application, anyone the panel asked to write a report about it, and anyone who gave comments about it earlier.

If the panel listens to someone who gave comments, they have to give the person who made the application a chance to speak too.

If there’s going to be a hearing, the EPA (that’s a government agency) will tell everyone involved when and where it will happen. They have to tell people at least 5 working days before the hearing.

When the EPA tells people about the hearing, they’ll say that you can come and speak, bring someone to speak for you, and show evidence about the application. You need to tell the EPA within 3 working days if you’re going to come.

If you say you’ll come to the hearing but don’t show up, the panel can still have the hearing without you.

The panel has to finish the hearing within a certain time. This time is set by the law.

The panel has to follow some rules from another law when they have hearings. These rules are about how to run meetings and handle information.

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

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"The panel decides without listening to people talk"

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58: Other provisions about conduct of hearing, or

"Rules for how hearings should be run in a simple and fair way"

Part 2 Fast-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.

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