Hearings Appointments Subcommittee
This page outlines the Terms of Reference, delegated authority and membership of the Council's Hearings Appointments Subcommittee (a subcommittee of the Council Committee).
Objective:
To appoint suitably qualified Councillors or external commissioners to enable the date setting for hearings to be carried out in an efficient and speedy manner and to appoint Council representatives at Environment Court mediations where the decision that is being appealed is contrary to the staff recommendation to the resource consent hearing.
Scope of activity:
Determining whether a notified Resource Consent application will be heard by external commissioners, accredited Councillors or a mix of the two, and the composition of the hearings panel that is decided upon for each hearing.
Delegating authority to the external commissioners or accredited Councillors to hear and determine the application.
Delegating authority to appoint representatives to Environment Court mediation meetings for those occasions when the appealed decision was contrary to a staff recommendation.
Power to act:
-
To determine whether the application should be heard by external commissioners (eg because of possible Council conflict of interest) or "accredited" Councillors or a mix of the two.
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To hear and determine applications with the ability to sub-delegate to external commissioners or "accredited" Councillors.
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To determine which and how many external commissioners or which and how many "accredited" Councillors should be appointed to hear and determine specific applications.
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To appoint a Hearing Panel and / or an independent commissioner/s to consider and determine decisions on whether or not to notify resource consent applications.
Resource Consents:
Pursuant to section 34 of the Resource Management Act 1991 the Council delegates to the Hearings and Appointments Subcommittee all its functions, powers and duties under that Act (including the powers of delegation confirmed by section 34A of that Act).
| Section of Act |
Description of Section |
|
34(1) |
Delegation of functions etc by local authorities. (The power to appoint any hearings commissioner or commissioners). |
|
34(A) |
Delegation of functions etc by local authorities. (The power to appoint parties to represent Council at Environment Court mediation when the appealed decision is contrary to a staff recommendation). |
|
36 (4) |
Administrative charges (4) The power to require a person to pay an additional charge to the Council |
|
37, 37 A |
Power to waiver and to extend time limits (procedural requirements) (notified applications only) |
|
93 |
When public notification of consent applications is required (for applications received before 1 October 2009) |
|
94 |
When public notification of consent applications is not required (for applications received before 1 October 2009) |
|
95A |
Public notification of consent application at consent authority's discretion |
|
95B |
Limited notification of consent application |
|
95C |
Public notification of consent application after request for further information or report |
|
95D |
Consent authority decides if adverse effects likely to be more than minor |
|
95E |
Consent authority decides if person is affected person |
|
102 |
Joint hearings by two or more consent authorities |
|
104A |
Determination of applications for controlled activities |
|
104B |
Determination of applications for discretionary and non-complying activities |
|
104C |
Particular restrictions for restricted discretionary activities |
|
104D |
Particular restrictions for restricted non-complying activities |
|
106 |
Subdivision consent not to be granted in certain circumstances |
|
125 |
Lapsing of consent (notified applications only) |
|
126 |
Cancellation of consent (notified applications only) |
|
127 |
Change or cancellation of consent condition on application by consent holder (notified applications only) |
|
128 |
Circumstances when consent conditions can be reviewed (notified applications) |
|
138 |
Surrender of consent (notified applications only) |
|
171 |
Recommendation by territorial authority (on a notice of requirement) |
|
174 |
Appeals (regarding the requiring authority's response to the Council's recommendation under duties) |
|
181 |
Alteration of designation |
|
184 |
Lapsing of designations which have not been given effect to |
|
191 |
Recommendation by territorial authority (this section relates to a recommendation on an application for a heritage order from a heritage protection authority) |
|
221(3) |
Territorial Authority to issue consent notice |
|
241(3) |
Amalgamation of allotments (notified applications only) |
|
355 |
Vesting of reclaimed land |
|
357D |
Objections to certain decisions an requirements of consent authorities (notified and non-notified applications) |
|
402 |
Existing subdivision proposals (notified applications only) |
|
406 |
Grounds of refusal of subdivision consents |
|
407 |
Subdivision consent conditions (notified applications only) |
|
409 |
Subdivision financial contributions (notified applications only) |
Membership: