Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Fast-track Approvals Bill

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

24QAAA: Other provisions about conduct of hearing

You could also call this:

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

When a hearing takes place, you need to know that the panel must keep things simple and not too formal. They should respect Māori customs when it’s right to do so. You can give evidence in te reo Māori if you want to, and the Māori Language Act 2016 will apply.

Only the chairperson or panel members can ask questions to people at the hearing. But if the chairperson says it’s okay, they might let someone cross-examine a witness.

The panel has powers to keep order during the hearing, just like in an official inquiry. They can accept any information that they think will help them make a decision about an approval, even if it wouldn’t normally be allowed in a court.

If the panel thinks it’s necessary, they can stop people from sharing certain information from the hearing. They can do this even if the information isn’t important for deciding about the approval, as long as there’s a good reason to keep it private.

If the panel thinks too many people are saying the same thing, they can limit who gets to speak or give evidence. This is to avoid hearing the same information over and over again.

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 It might be out of date or be missing some parts.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=LMS987111.

Topics:
Government and voting > Local councils
Rights and equality > Anti-discrimination
Māori affairs > Te reo Māori
Crime and justice > Courts and legal help
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24Q: Procedure if hearing is held, or

“Rules for hearings about fast-track applications”

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24QAAB: Remote access hearing, or

“You can join a hearing online or watch it later”

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

24QAAAOther provisions about conduct of hearing

  1. If a hearing is held, a panel must—

  2. avoid unnecessary formality; and
    1. recognise tikanga Māori where appropriate; and
      1. receive evidence, written or spoken, in te reo Māori (and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 applies accordingly); and
        1. not permit any person other than the chairperson or members of a panel to question a party or witness; but
          1. if the chairperson of a panel gives leave, permit cross-examination.

            1. Section 4 of the Commissions of Inquiry Act 1908 (which gives powers to maintain order) applies to any hearing conducted by a panel under this Act.

            2. A panel may receive as evidence any statement, document, information, or matter that in its opinion may assist it to deal effectively with an application for an approval, whether or not it would be admissible in a court of law.

            3. A panel may, in its discretion, make an order that prohibits or restricts the publication or other means of communication of information supplied to the panel or obtained by it in the course of a hearing.

            4. Subsection (4) applies whether or not the information is material to determining whether to grant an approval sought in a substantive application if there would be good reason to withhold the information under section 6 or 7 of the Local Government Official Information and Meetings Act 1987.

            5. A panel may, if it considers that there is likely to be excessive repetition, limit the circumstances in which persons with the same interests may speak or call evidence.