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Regulatory Hearing CommitteeKomiti Whakawātanga

The Regulatory Hearing Committee is an investigatory committee to make decisions on statutory and regulatory matters such as planning and resource consents, animal enforcement and environmental health issues.

REGULATORY HEARINGS PANEL 

Membership 

 

Councillor Tim Aitken – Regulatory Hearings Panel Chair (Panel) Councillor Pip Burne (Panel) 

Councillor Kate Taylor (Panel) Councillor Jerry Greer (Panel) 

 

Commissioner Eileen von Dadelszen (Chair and Panel) Commissioner George Lyons (Chair and Panel) Commissioner Janeen Kydd-Smith (Chair and Panel) Commissioner Robert Schofield (Chair and Panel) Commissioner Mick Lester (Chair and Panel) Commissioner Dr Roger Maaka (Panel) Commissioner Loretta Lovell (Panel) 

Commissioner Liz Lambert (Panel) Commissioner Grey Wilson (Panel) Commissioner Lucy Cooper (Panel) 

 

Under the delegated authority of Council to the Chief Executive, the Chief Executive has the ability to introduce additional Commissioners onto the panel, to provide essential specialist skills and/or to manage conflicts of interest (perceived or potential) that may arise from to time. 

Meeting Frequency 

As and when required. 

Purpose 

  • To conduct hearings and/or determine under delegated authority applications for consent and all other matters required to be heard and determined by way of a Hearing under the Resource Management Act 1991. 

 

  • To conduct hearings and/or determine under delegated authority applications relating to the Dog Control Act 1996 and any other matters required for determination by Council under legislation as determined by Council. 

Hearing Appointments 

When determining the make-up of resource consent and other Hearing Panels, the following factors must be taken into account by the Chief Executive in consultation with the Regulatory Hearings Panel Chair: 

  1. Any conflict of interest (perceived or potential) between Committees and/or Committee Member where the Panel member is an elected member or Independent Commissioner. 

  1. Any conflict of interest identified by the Chair or raised by applicants and/or submitters. 

  1. The need for specific expertise in particular cases. 

  1. The need to manage the workload of Councillors and Commissioners by allocating the resource consent and other statutory policy process hearing workload among Commissioners and Councillors, depending on commitments, availability, and with a particular focus that no perceived or potential bias to particular Councillor or Independent Commissioner occurs. 

e)  The need for any particular local knowledge.  

Delegations: 

All delegations to this Panel are to be exercised within the framework of the Council’s adopted regulatory policies, plans, strategies, policy guidelines and by-laws. 

The Council delegates to the Regulatory Hearings Panel the following powers, duties and responsibilities: 

  • Implementation of the Resource Management Act, the Operative District Plan and other regulatory Acts and Regulations in terms of judicial and regulatory responsibilities. 

 

  • All powers, duties and discretions under the Resource Management Act 19911 to allow the above matters to be undertaken other than: 

  • The consideration or hearing of any application where the Council is the applicant 

  • The making of a recommendation on a requirement for a Designation or a Heritage Order where the Council is the Requiring Authority 

  • Exercising the power of delegation. 

 

  • All Council’s powers, duties and discretions in respect to the Dog Control Act 1996 in terms of judicial and regulatory responsibilities and the monitoring of the implementation of Council’s regulatory service delivery functions under that Act. 

 

  • In terms of judicial and regulatory service delivery responsibilities, and monitoring and implementation of these listed regulatory functions all: 

  • Powers, duties and discretions vested in the Council by the Crown Minerals Act 1991. 

  • Powers, functions and discretions under Building (Pools) Amendment Act 2016. 

  • Powers, duties and discretions pursuant to Section 78 232 of the Building Act 2004 with the exception of the power to set fees and charges. 

  • Determining any Appeals to a Determination made by the Chief Executive under the Council’s Consolidated Part 3 (Public Safety) Clause 4 – Liquor. 

 

  • Pursuant to Section 34A of the Resource Management Act 1991 and clause 32 of Schedule 7 of the Local Government Act 2002 the Council directs that: 

  • Commissioners appointed to Joint Hearings shall be a member of the Regulatory Hearings Panel together with not less than one or more than two others. One of who shall, if possible, be a member representing the Ward in which the site subject to the application is located. 

Commissioners appointed to deal with all other matters shall be a member of the Regulatory Hearings Panel together with not less than one other, who shall, if possible, be a member representing the Ward in which the site subject to the application is located. 

Professional Development, Learning and Qualifications 

In accordance with Section 39B of the Resource Management Act 1991, all persons appointed to a Hearing Panel shall hold a current Making Good Decisions Certification, except where there are exceptional circumstances in accordance with Ministry for the Environment best practice guidelines. 

Governance Documentation

Underpinning good governance are a range of documents that ensure Council is clear on its accountabilities, expectations and responsibilities. You can find these documents here.

Central Hawkes Bay District Council Governance Statement
Code of Conduct 2022 - 2035 Triennium
Committee Terms of Reference
Council and Community Representation Schedule 2022 - 2025
Standing Orders 2022 - 2025 Triennium
Triennial Agreement 2019 - 2022
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