Rights and rules

Yes. Your friends, whānau/family and support people can come to a public hearing to support you, and they can speak on your behalf. But remember, it’s the quality of the argument that counts – not strength in numbers.

Councils must allow for submissions and evidence to be given in te reo Māori. You should give reasonable notice if you intend to do so (for example, by noting this in your written submission), so the council can arrange for an interpreter if needed.

Also ask in your written submission about dealing with Māori protocol or other cultural issues – councils must recognise tikanga Māori where appropriate.

Councils will try to accommodate most reasonable requests.

If you don’t understand what’s going on at the hearing, you can ask questions, but only about procedure. You should address these questions to the chairperson of the hearing panel. Only panel members can ask questions about submissions or evidence.

You are usually not allowed to ask any questions of the council officer, the submitters, the witnesses, or an advocate or lawyer (other than in the limited types of hearings where cross-examination may be allowed – see below). You can suggest questions for the panel, but the panel doesn’t have to ask them. Raise any questions you would like them to ask with the chairperson, when you are speaking about your submission.

You can only speak directly to the panel, when you are presenting your submission or answering a question. You must never interrupt someone speaking, even if you disagree with what they are saying.

Cross-examination means being asked questions by someone other than the panel – usually lawyers representing other submitters, the council, the applicant, or their representatives and experts.

Cross-examination may be allowed in the freshwater and streamlined planning processes. In these cases you or your representative may have the opportunity to question other parties, and they may be able to question you or expert witnesses. You can check beforehand with the panel or the council whether there can be cross-examination.

You have to pay your own costs, such as travel to and from the hearing (if the hearing is held at a physical location), time off work (noting some hearing sessions can be held outside of regular business hours), and any professional fees. You don’t have to pay for anything else.

If you asked for an independent commissioner (rather than councillors) to decide on a resource consent, you may have to pay for this if the applicant has not made the same request. The council can give you an estimate of these charges, which will be shared equally among any other submitters who made the same request. You must pay the charges regardless of the decision on the proposal itself.