P a g e 1 TASMAN DISTRICT COUNCIL
PROPOSED (PRIVATE) PLAN CHANGE 62 RICHMOND NORTH COMMERCIAL ZONE
MINUTE 2 OF COMMISSIONER
Introduction
1. Further to my previous minute dated 3 May 2016, I am grateful to the parties that have responded to my request for information on hearing attendance and commissioning of expert witnesses. Most parties have now responded to Mrs Meadows.
2. This new Minute is similarly focussed on experts, and in particular the formal conferencing of transportation witnesses. I also discuss some opportunities for submitters to engage with the Proponent prior to the hearing commencing.
Transportation Expert Conferencing
3. My previous correspondence requested TDC, NCC, NZTA and the Proponent to make their respective expert transportation witnesses available for conferencing. I also invited any other submitter to advise if they would be calling transportation experts, noting that those witnesses could also be involved in conferencing if they so wished.
4. I am now advised that experts for all four of the parties above will be available for conferencing, as will an expert for one submitter. Conferencing is set down for 24 May at Nelson, with details on time and venue to be confirmed shortly.
5. My expectations for conferencing are that:
a. the only attendees will be the parties’ transportation experts1 and a facilitator;
b. experts will abide by the Code of Conduct for expert witnesses as per the Environment Court’s Consolidated Practice Note (2014)2;
c. areas of agreement and disagreement will be fully reported, including specific reasons for any divergent views; and
d. genuine effort will be made by experts to narrow the issues in contention as much as possible.
6. RMA Commissioner, Ms Rochelle Selby-Neal, has been appointed as an independent facilitator to assist with the smooth running of, and reporting on, the conference. Among other duties, Ms Selby-Neal will be responsible for producing the conferencing statement.
7. In terms of my previous instruction, the statement is to be compiled by 30 May and is to be made available to all parties. If, based on progress being made, there is merit in further
1 See also para 9 of this Minute.
2 Reference - http://www.justice.govt.nz/courts/environment-court/documents/environment-court-updated-practice-note-for- consultation
P a g e 2 transportation expert conferencing sessions occurring between the five parties, I am happy to direct this and will be guided by Ms Selby-Neal on that following receipt of her report, which I accept may be an interim report.
8. In readiness for the conference, I reiterate the preference stated in my previous minute that the Proponent’s transportation expert takes the lead in devising an agenda for discussions.
Again, it occurs to me that the ten topics identified in the NZTA submission would be a logical starting point for setting an agenda. Any party can add to that agenda on or before the day of conferencing and I expect that Ms Selby-Neal may wish to take a role in finalising this once all responses have been received. In the meantime, all correspondence should be directed to Mrs Meadows. In this respect, it would be useful if the Proponent could produce the draft agenda by midday on Friday 20th May (or earlier) which will enable it to be circulated to the other four parties that day for a response by say midday on 23rd May 2016.
9. Parties should also anticipate the possibility that additional conferencing will be requested depending on the outcome of the transportation conference (for example, this could be to further discuss any outstanding transportation matters; and/or for conferencing between planning experts on planning solutions/responses to any agreements reached between the transportation experts).
10. I also take this opportunity to remind the parties of my desire for conferencing between economic experts if possible.
Other pre-hearing meetings
11. I am aware that some submitters wish to hold pre-hearing discussions with the Proponent and/or TDC. I encourage that dialogue and understand that the Proponent has written to submitters to arrange such discussions.
12. If the parties are able to narrow any areas of disagreement prior to the commencement of the hearing, it will assist me greatly.
Next Steps
13. As indicated above, transportation expert conferencing will be undertaken on 24 May 2016 in Tasman and facilitated by Ms Selby-Neal. Details of the venue and start time will be provided in due course.
14. I will issue an additional minute once the conferencing statement is available as required.
15. In the meantime, if any party wishes to seek further clarification around the hearing process or this minute, please contact Mrs Meadows (ph. 03 543 8581 or email [email protected]) in the first instance.
DATED this 17th day of May 2016
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DJ McMahon
Independent RMA Hearings Commissioner
