Pre hearing meetings

The consent authority may invite or, if the applicant agrees, require the applicant and some or all submitters to attend a pre-hearing meeting for the purpose of clarifying or facilitating the resolution of a matter or issue. ⁸⁶¹

The chairperson of the pre-hearing meeting is required to prepare a report setting out the issues that were agreed at the meeting and those which remain outstanding. The report may also set out the nature of evidence parties are to call at the hearing, the order in which parties will present their cases and a proposed timetable for the hearing. The report must be provided to all the parties at least five working days before the hearing. The consent authority must have regard to the report when reaching its decision on the application. ⁸⁶²

If you are required to attend a pre-hearing meeting, but do not do so and fail to provide a reasonable excuse, the consent authority can decline to consider your application or submission. If this happens you will not be able to appeal the decision on the resource consent application. ⁸⁶³  A reasonable excuse for not attending a meeting could relate to difficulties getting time off work, illness or childcare commitments.

You have no rights to directly appeal to the Environment Court against a council decision not to consider your application or submission. You are, however, able to lodge an objection with the consent authority under section 357A of the RMA. To do this, you must set out your objection and the reasons for it in writing and deliver it to the consent authority no later than 15 working days after you received notice of the decision. ⁸⁶⁴  The council will decide whether to dismiss or uphold your objection and this decision can be appealed to the Environment Court. ⁸⁶⁵

Last updated at 5:03PM on March 9, 2015