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

58: Other provisions about conduct of hearing

You could also call this:

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

When a panel holds a hearing, they need to keep things simple and not too formal. They should respect Māori customs when it’s appropriate. You can speak or write in te reo Māori during the hearing, and the Māori Language Act applies to this.

Only the chairperson or panel members can ask questions to people at the hearing. But if the chairperson allows it, other people might be able to ask questions too.

The panel has the power 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, even if it wouldn’t be allowed in a normal court.

The panel can stop people from sharing information from the hearing if they think it’s necessary. They can do this even if the information isn’t important for making a decision, 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.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS987111.

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

58Other 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.

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