Request for independent commissioner
Where an application is publicly notified and a hearing will be held, the applicant or a submitter can request that the council appoint at least one (or more) independent hearing commissioner to hear and decide the application. The request must be made in writing to the council and no later than 5 working days after the closing date for submissions. When the council receives a request it must delegate its powers to hear and decide the application to one or more independent hearings commissioners who are not members of the council. 859
Making a request for an independent commissioner will result in an obligation to pay costs:
- An applicant which makes a request will be responsible for the full costs of the commissioner, even if a submitter also makes a request.
- A submitter which makes a request will be responsible for the additional cost incurred. This will be the total costs of the commissioner less the amount which the council estimates it would have cost to determine the application if a commissioner had not been requested. The applicant will be responsible for the balance of the costs. Where more than one submitter makes a request, the additional costs will be shared equally amongst the submitters who make a request.
Section 100A Resource Management Act 1991
Section 36(1)(aa) and (ab) Resource Management Act 1991
Last updated at 5:03PM on March 9, 2015