Hearings Commissioner

Notice of Meeting A meeting of the Hearings Commissioner will be held in the Whangarei Library, May Bain Room, Rust Avenue, Whangarei on:

Thursday 5 April 2018

10am

Application by Haines House Haulage

Commissioner Burnette O’Connor

Index Page No

Authorisation Sheet ....................................................................................................................................... 1

Environment Planner (Consents) Report ...................................................................................................... 3

Recommendation ........................................................................................................................................ 26

Attachment 1: Application (as lodged) ......................................................................................................... 30

Attachment 2: Current Consent on Site (LU1300062) ................................................................................ 85

Attachment 3: Submissions ....................................................................................................................... 105

Attachment 4: Landscape Assessment ..................................................................................................... 128

Attachment 5: Council’s SDE’s Report ...................................................................................................... 159

Attachment 6: District Plan Chapters ........................................................................................................ 165

Private Bag 9023 | Whangarei 0148 | New Zealand T: 09 430 4200 | 0800 WDC INFO | 0800 932 463 | F: 09 438 7632

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06/337807 October 2010

Requirements and procedures for the conduct of hearings under the Resource Management Act

A General

1 The applicant and every person who has made a submission and stated that they wish to be heard may speak and call evidence. Alternatively they may be represented by an advocate and may call experts or witnesses to give evidence on their behalf.

2 The hearing procedure is to be as informal as possible and where appropriate recognise Tikanga Mãori. If evidence is to be given in Mãori, Council is to be advised at least one week before the hearing so that an interpreter can be arranged.

3 Any person wishing to make a statement at the hearing is requested to make it in writing and provide at least eight (8) copies for use of the commissioner. In line with environmental court practice, it is preferable if written evidence to be presented could be circulated to all parties (including the reporting planning officer) a few days before the hearing. A report on the proposal by Council’s planning staff will be forwarded as soon as it is available.

4 Irrespective of the reporting officer’s recommendation on the application, the commissioner will make his/her decision on the application, based on evidence provided at the hearing and accordingly applicants/submitters are strongly urged to attend to support their case.

B The hearing

1 The commissioner opens the hearing and will ask parties to introduce themselves and their witnesses.

2 The applicant presents his/her case including any supporting evidence from witnesses.

3 Parties making submissions in support of the application then proceed with their evidence and at the same time have the right to comment on any part of the evidence put forward by the applicant.

4 Parties making submissions against the application then proceed with their evidence and at the same time have the right to comment on any part of the evidence put forward by the applicant.

5 Council’s reporting officer(s) speak(s) on his/her report, which having been circulated, is taken as read and is available to answer questions.

6 Only the commissioner may question any of the parties to the application. No cross examination is allowed.

7 Only the applicant is given the opportunity to have a right of reply. This gives him/her the chance to clarify matters raised in submission but not to present new evidence. There is no right of reply to a Section 357 objection hearing.

8 The commissioner adjourns the hearing for a decision. The applicant and any persons who made a submission will be notified in writing of the decision no later than 15 working days after the conclusion of the hearing unless otherwise advised by Council.

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Attachments available on request. Please contact Consents Administration.