RM140540 Phone: (03) 543 7241 E-mail: michael.croxford@tasman.govt.nz 31 October 2014
Dear Submitter
Report on Resource Consent Application Hearing for Waimea Community Dam Limited
Please find attached a copy of the report (42A report) that has been prepared by Rob Lieffering from MWH, with assistance from Council consent and policy staff regarding the Tasman Resource Management Plan provisions including Plan Changes 45-48 and draft conditions of consent.
Copies of a further information request made to the applicant following the receipt of public submissions, and the applicant’s two responses, are also attached.
As stated previously the hearing has been set down for the resource consent applications listed below to commence on Monday, 1 December 2014 at 9.30am and will be heard by Independent Commissioners, Mr Rob van Voorthuysen (Chair) and Mr John Lumsden, at the Oak Room, Headingly Centre, 452 Lower Queen Street, Richmond. It is anticipated that the hearing will take the entire week and may carry over to the second week of December.
All parties wishing to be heard are expected to attend at the commencement time so that an order of proceedings can be established, unless you make prior arrangements. At that time, the Chairperson may ask you to confirm how much time you will need to speak to your submission.
Applicant: Waimea Community Dam Limited
Application Numbers: RM140544, RM140546, RM140545, RM140547, RM140548, RM140549, RM140550, RM140551, RM140552, RM140553, RM140554, RM140542, RM140543, RM140555, RM140556, RM140557, RM140540, RM140558, RM140559
Special directions relating to staff reports and expert evidence
The Chair has directed that the report (42A report) and expert evidence be provided before the hearing pursuant to Section 41B of the Resource Management Act 1991. Therefore, the following timeframes apply:
The applicant must provide their briefs of evidence to Council by 4.00pm Wednesday,
12 November 2014;
Any person who has made a submission and who is intending to call expert evidence must provide briefs of the evidence from that expert to Council by Noon Friday, 21 November 2014.
The Chair has extended the time periods specified under Section 41B of the Act and directed that the documents are served electronically only, given the large volume of documents that may be circulated.
The briefs of evidence shall be provided to Michael Croxford, Principal Resource Consents Advisor, at the Tasman District Council for onwards distribution to all the parties involved.
Please clearly label your email with the consent number and ensure that the file volume attached to each email is less than 10MB. Michael’s contact details are:
michael.croxford@tasman.govt.nz or (03) 543 7241.
An extract regarding the role of expert witnesses from the Ministry of Environment’s Guide
“Appearing at a Council Resource Consent Hearing” has been reproduced for your
information and included with this letter. Please contact Michael if you are uncertain whether you will be required to pre-circulate any evidence.
Lastly, in order to ensure that the hearing is conducted in a timely manner, Council asks that you complete and return the attached form electronically regarding your attendance at the hearing.
Please contact me if you have any questions.
Katie Greer
Executive Assistant
Resource Consent Application Hearing for Waimea Community Dam Limited
Hearing Intention Form
In order to ensure that the hearing is conducted in a timely manner, Council asks that you complete and return the attached form regarding your attendance at the hearing.
Name:
1. I will be attending the hearing
Yes
No
If you do not return this form then your right to be heard is not revoked
If you choose not to attend the hearing your submission will be taken as read
If you tick No then you do not need to fill in the rest of the form
2. I intend to engage an expert to support my submission
Yes
No
If yes, then please note the date by which your expert must submit their evidence
3. Please indicate how long you think it will take to present at the hearing ___________ minutes
4. Please state any restrictions on when you can appear at the hearing I am available on the following days between the following times
_________________________________________________________
I am only available at the above times because:
_________________________________________________________
_________________________________________________________
Please return this form electronically to Katie Greer by 7 November 2014
katie.greer@tasman.govt.nz
An Everyday Guide to the Resource Management Act Series 3.3:
APPEARING AT A COUNCIL RESOURCE CONSENT HEARING
How to do well on the day
You want to make a good, strong presentation. You want the hearing committee to focus on your statement and on your evidence. Keep your statement simple, make your key points clear, speak clearly, and be yourself.
You can expect the hearing committee to treat you with dignity and respect, and to put you at ease. You should treat them with respect also.
Make it clear and easy to hear
Read your statement clearly and slowly enough to be understood. Speak clearly and try not to repeat yourself.
Stick to the point
Everyone is there for the same reason, and needs their views to be heard. The hearing committee is only interested in the relevant facts and opinions.
Stick to the facts in your statement.
Focus on the environmental matters, not simply what you like and dislike.
Expand on your submission, but don’t introduce any new issues.
Don’t repeat yourself or be long winded.
Don’t play on emotions or breach protocol.
Remember the hearing is neutral
Councillors on a hearing committee aren’t there as politicians. They’re there as decision-makers who have to weigh up both sides of an argument.
Leave your personal opinions about the council or the applicant outside the door.
Don’t use the hearing as a chance to discuss or argue about other issues. Focus on the issue at hand.
Use an advocate or a lawyer if that will help
Use an advocate (a spokesperson) if you’re nervous about making a submission, or if a group is making a submission and wants one person to speak for you all. The advocate could be a member of your group.
Use a lawyer as your advocate if your submission explores legal matters, or if you think a professional interpretation of legislation or case law is needed.
Use expert witnesses if that will help
Members of the hearing committee won’t necessarily be experts on the effects of the application that may be of concern to you. They’ll want to hear good, solid evidence to help them make a decision.
The applicant might use expert witnesses to support their case. So it might make sense for you to use expert witnesses as well, depending on what your concerns are. Remember:
Stick with what you know. Only expert witnesses can offer opinions on matters that relate to their field of expertise. If you are not an expert witness, don’t pretend to be one. Instead, focus on what you consider to be facts, and your own recollections and observations.
Use expert witnesses (such as planning consultants, surveyors, engineers or scientists) to present evidence about technical topics (such as heritage, soil stability or microbiology) when you need to.
Before you start, make sure any professional witness you use is able to present evidence that supports your point of view.
Bear in mind, however, that expert witnesses are not ‘hired guns’. They must be able to support their own conclusions.
Check the costs before you employ an expert witness and explore whether the cost of experts can be shared with other submitters. You can get a list of who the other submitters are from the council.
Providing evidence before the hearing
Depending on the scale and significance of the hearing, the council may direct the applicant and/or any expert witnesses who have been employed by submitters to provide briefs of evidence before the hearing. Providing evidence before the hearing is useful where the application is complex, or where there are conflicting opinions between experts. The length and associated cost of any hearing could be reduced by narrowing the scope of evidence and identifying the matters remaining in contention. Providing evidence before the hearing may help the hearing committee to be better prepared and to assume a more inquisitorial role.
Source: http://www.mfe.govt.nz/publications/rma/everyday/consent-hearing/
