Hearing Commissioner(s) - Council Policy

Objective

To ensure that planning hearings are conducted in a fair and impartial manner by the use of an external Planning Commissioner in situations where bias or perceived bias exists. 

Policy

1. Council will engage an independent Commissioner or Commissioners to conduct hearings for Resource Consents, District Plan Reviews, Variations, Plan Changes, Requirements, Alterations to Designations, and Heritage Orders made under the Resource Management Act 1991, in cases where Council faces a conflict of interest, a pecuniary interest or where Council itself is the applicant .
2. The Statutory Management Committee is to be advised of the reason(s) for appointing a Commissioner(s) and the name of the Commissioner(s) on a case-by-case basis.
3. Authority be given to the Commissioner(s) to:
• Determine applications for Resource Consent,
• Consider and make recommendations on Requirements, Alteration to Designations, and Heritage Orders; noting that in some circumstances it may be appropriate to make recommendations direct to the authority, rather than to Council,
• Consider and make recommendations on Variations and Plan Changes to Council, and
• Consider and make recommendations on submissions to Proposed District Plans.
4. Authority be given to the General Manager Environmental Services (Resource Consents) and General Manager Strategic (District Plan Reviews, Variations, Plan Changes, Requirements, Alterations to Designations, and Heritage Orders) to select Commissioners in accordance with this Policy.
5. Council is to be advised of the result (decision) of Commissioner Hearings.

Previous Review Dates

6 July 2005