From 8be1c782dbb9cb8a562699b79b6cbf4e68540a37 Mon Sep 17 00:00:00 2001 From: rekado Date: Thu, 20 Jun 2013 15:42:27 +0800 Subject: a little bit on hearings --- assignment3/background.tex | 54 ++++++++++++---------------------------------- 1 file changed, 14 insertions(+), 40 deletions(-) (limited to 'assignment3/background.tex') diff --git a/assignment3/background.tex b/assignment3/background.tex index dbed529..76b3561 100644 --- a/assignment3/background.tex +++ b/assignment3/background.tex @@ -201,46 +201,20 @@ will have impacts on the environment that are more than minor and that have been publicly notified, members of the public can make submissions to challenge---or express support for---the application. -% On hearings \parencite{ME959}: -\begin{quote} -% A hearing allows you and anyone who has made a submission to explain -% their views about the application. The council usually holds a formal -% hearing about a notified application and can sometimes hold a hearing -% for a non-notified application. -% -% A pre-hearing meeting can be a useful way to try and sort out issues -% before a hearing in a relatively informal setting. It can also help -% save time at the hearing itself, or even avoid the need for a hearing -% altogether. You can suggest to the council that a pre-hearing meeting -% may be useful. -% -% The council can require or invite people to attend the pre-hearing -% meeting, including people who have made submissions on your -% application. The council officer will also be likely to attend. If you -% are required to attend a pre-hearing meeting, and don’t, the council -% may refuse to process your application. If submitters are required to -% attend a pre-hearing meeting, and don’t, the council can refuse to -% consider their submission. -% -% Everyone at the hearing will get a copy of a report about what went on -% at the pre-hearing meeting, including the issues that were agreed on -% and those that are outstanding. The council must consider this report -% in determining the application. -% -% As well as arranging a pre-hearing meeting, the council can also refer -% you and some or all of the submitters to mediation. Mediation can help -% you clarify issues, resolve conflicts and reach agreement without -% needing to go to a hearing. You can request the council to refer you -% to mediation. -\end{quote} - -% TODO: Officer's report and decision-making. -% TODO: I don't like this paragraph at all. -After an evaluation of the application and public submissions, council -prepares a report based on the AEE and additional evidence provided by -the applicant during the hearings in response to the submissions from -the public. The report is hence strongly influenced by the applicant's -input. +Following the submission period a pre-hearing meeting can be arranged, +which is a rather informal setting in which submitters, applicant and +council representatives try to clarify issues before the official +hearing. Additional mediation sessions may be arranged to resolve +conflicts and reach an agreement without the need for a formal +hearing \parencite{ME959}. For publicly notified applications, the +council usually organises a formal hearing in which submitters may +present their submissions and where the applicant is to present +whatever additional information has been requested. After an +evaluation of the application and public submissions, council prepares +a report based on the AEE and additional evidence provided by the +applicant during the hearings in response to the submissions from the +public. The decision whether to grant the resource consent or not is +made on the basis of the officer's report. \subsection{Access to information and representation} -- cgit v1.2.3