A submission is a written statement of support or opposition to an advertised consent application.
The RMA is designed to ensure that there is opportunity for the public (or directly affected parties for limited notified applications) to participate in the management of our resources. When someone wants to do something which could have a significant effect on the environment there is an opportunity for the public or directly affected parties to have a say by making a submission.
Making a submission on an application is the most significant way for the public to influence the resource consent process. The hearing panel considers all submissions, and the number of submissions for or against a proposal is an important consideration.
If you are considering making a submission on a resource consent application, you need to start by finding out as much as possible about the proposal and its effects. It is important to talk to the applicant about the proposal. This may even allay your concerns. You should also talk to the organisations or individuals who can provide technical information on the causes and consequences of effects and possible ways of reducing or avoiding any undesirable effects.
All points made should be supported with adequate information. The closing date for submissions is always set out in the public notice which advertises the consent application. If a hearing is required you may need to pre-circulate your detailed evidence to all parties before the hearing. A failure to pre-circulate information could result in adjournments of the hearing committee and unnecessary time delays.
If you disagree with our decision to grant a Resource Consent, submitters can appeal the decision within 15 working days of receiving notice of the decision if you are a submitter or the applicant. As a result the application will be reconsidered by the Environment Court.
Details on how to lodge an appeal are sent to all parties with the letter notifying the Council's decision. The Environment Court has the same status as a District Court and all parties are bound by its decisions. Appeals can be expensive and time consuming with no guarantee of a favourable outcome. If you are considering making an appeal you are strongly advised to seek legal advice first.
Date: TBC
Time: TBC
Venue: TBC
The Hearing for this application has been deferred at the request of the Applicant (in accordance with s37 of the RMA). This is to allow further effects assessments and investigations to be carried out by the Applicant.
An alternative hearing date is yet to be determined. Further updates on the process will be provided to all parties as soon as possible.
A hearing is only required if Council considers it necessary or the Applicant or Submitter requests a hearing.
A formal hearing is required when a 'pre-hearing meeting' fails to reach a satisfactory agreement.
The RMA stipulates that a hearing must be held within 25 working days of the submission period closing. This time limit maybe extended by Council either on its own initiative or after a request from the Applicant.
A hearing committee panel normally comprises of two or more Independent Commissioners delegated by Bay of Plenty Regional Council to hear and decide on the application. The hearing panel is a quasi-judicial body and under legislation is able to set its own procedures.
The Council planner’s recommendation report is circulated to the Applicant and Submitters 15 days prior to the hearing. The Applicant’s evidence and Submitter expert evidence is also circulated prior to the hearing. Pre-circulated evidence and submissions do not need to be read out at the hearing but can be summarised before answering questions from the panel.
The Applicant and every Submitter who has stated a wish to be heard may speak and call evidence at a hearing, either personally or through a representative. The hearing panel requires pre-circulation of all expert evidence prior to the hearing (deadlines are outlined in Minute 1 circulated prior to the hearing). Submitters may not raise any issues not covered in their initial written submissions. The hearing panel may ask questions of the Applicant and Submitters to seek clarification.
Staff and Submitters may submit questions through the Chairperson on points of clarification. The Chairperson decides whether to ask these questions. No cross examination is permitted. The hearing panel may seek any additional advice it requires to assist the hearing process. Evidence may be written or spoken in Maori, however, sufficient notice must be provided to allow an interpreter to be available at the hearing. At the conclusion of the hearing the hearing panel has 15 days in which to release their decision.
