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HEARINGS
COMMITTEE
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1. RESOURCE MANAGEMENT ACT
1991
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Pursuant
to Section 34(1) of the Resource Management Act 1991 the Hearings Committee
of Council is delegated power to:
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1)
Hear, consider and
decide upon any Resource Consent application or any other application made to
Council under the Act (including private plan change requests). For the
avoidance of doubt, this includes the use or exercise of any powers vested in
the Council under the Act to process, hear and decide upon any such
application.
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Decide on Applications and
Private Plan Change requests.
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2)
Hear, consider and
recommend to the Planning and Regulatory Committee or Council as it considers
appropriate, on submissions made on any proposed plan or any Council
initiated change to the District Plan or variations to the Proposed Plan.
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Submission on Council Plan Changes.
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3)
Appoint a
Commissioner or Commissioners to hear, consider and decide on any Resource
Consent application or any other application made to Council under the Act.
This delegation is subject to the requirement that any Hearings
Commissioner(s) appointed shall hold a valid certificate of accreditation under section 39A of the
Act.
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Appoint Commissioner for Resource Consents.
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4)
Appoint a Commissioner
or Commissioners to hear, consider and recommend to the Planning and
Regulatory Committee or Council as it considers appropriate, on any
submissions made on any proposed plan or any Council or privately initiated
change to the District Plan. This delegation is subject to the
requirement that any Hearings Commissioner(s) appointed shall hold a valid
certificate of accreditation
under section 39A of the Act.
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Appoint Commissioner for Proposed District Plan and
Council or Private Plan Changes.
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5)
Extend any time
limits or waive compliance with any requirement specified in the Act or
Regulations in respect of any matter before it under the Act and pursuant to
the above delegations pursuant to Section 37 of the Act.
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Extend Time Limits and Waive Compliance.
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6)
Hear and determine
any objection made pursuant to Section 357, 357A, 357B, 357C and 357D of the
Act
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Review of Decisions made under Delegation.
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7)
Make an order,
pursuant to Section 42 of the Act, relating to the protection of sensitive
information in respect of any matter before it.
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Protection of Sensitive Information.
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8)
Waive, pursuant to
Section 42A(4) of the Act, compliance with Section 42A(3) of the Act relating
to the receiving of officers reports in respect of any matter before
it.
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Waive Time for Receipt
of Officers’ Reports.
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9)
Determine, pursuant
to Section 91 of the Act, not to proceed with a hearing of an application for
Resource Consent where it considers additional consents under the Act are
required in respect of any application before it.
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Defer Application Where Other Consents Required.
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10)
Require, pursuant to
Section 92 of the Act, further information relating to any application before
it and postpone notification, hearing or determination of the application.
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Require Further Information.
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11)
The above delegations
shall apply with all necessary modifications to:
i) Any
notice of review of Consent conditions issued by Council pursuant to Section
128 of the Act or by any committee or officer or the Council having delegated
authority to do so.
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Review of Consent Conditions.
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ii) Any
submissions on any requirement for a designation or alteration to a
designation made pursuant to Sections 168, 168A or 181 of the Act.
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Hear Submissions
on Designations.
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iii) Any
submissions on any requirement for a Heritage Order made pursuant to Section
189 and 189A of the Act.
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Hear Submissions
on Heritage Orders.
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12) Consider
and make recommendations on any requirement for a designation or alteration
to a designation pursuant to Section 171 of the Act.
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Recommendations
and Designations.
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13)
Consider and decide
on any amendments to Council’s District Plan to alter any information,
where such an alteration is of minor effect, or may correct any minor errors
pursuant to Clause 16(2) or 20A of Part 1 of the First Schedule to the Act.
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Amend District Plan.
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2. HEALTH
ACT 1956
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Pursuant
to Clause 32 of Part 1 of the Seventh Schedule to the Local Government Act
2002 and Section 23 of the Health Act 1956 the Hearings Committee is
delegated authority to:
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i) Hear
explanations against a notice to revoke registration issued pursuant to
Clause 9 of the Health (Registration of Premises) Regulations 1966.
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Explanations Why Registration Should
Not be Revoked.
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ii) Hear
and determine any appeal against a direction or decision of any officer
acting under delegated authority and any application or objection made
pursuant to Clause 22 of the Housing Improvement Regulations 1974.
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Determine Appeals, Applications or Objections to
Requirements Under Housing Improvement Regulations.
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3. DOG
CONTROL ACT 1996
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Pursuant
to Clause 32 of Part 1 of the Seventh Schedule to the Local Government Act
2002, the Hearings Committee is delegated authority to hear and determine any
objections lodged against any decision of an officer acting under delegated
authority or any notice issued by a Dog Control Officer pursuant to the
following Sections.
Section 22 Objection
to the classification as a probationary owner.
Section 26 Objection
to disqualification from being an owner of a dog
Section 31 Objection
to the classification of a dog as a dangerous dog
Section 33B Objection
to the classification of a dog as a menacing dog under section 33A.
Section 33D Objection
to the classification of a dog as a menacing dog under section 33C as it is
believed to belong to 1 or more classified breeds.
Section 55 Objection
to the issue of an abatement notice for a barking dog.
Section 70 An
application for the return of a barking dog seized under section 56 for
causing distress.
Section 71 An
application for the release of a dog that is being held in custody under
section 71(1) and (2) for threatening public safety.
Section 71(1)(a) To
be satisfied that a dog seized under section 15(1)(c) because the dog was
without access to proper and sufficient food, water or shelter, will be given
access to proper and sufficient food, water, or shelter if returned to the
land or premises from which it was removed.
Section
71A(2)(a)(i) To be satisfied that the owner of a dog seized under section
33EC (because the owner failed to comply with his obligations in respect of a
dog classified as menacing), or of a dog classified as a menacing dog seized
under section 33EB (because the owner failed to have the dog
neutered), has demonstrated a willingness to comply with the relevant
requirements”.
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Decide on objections under the Dog Control Act 1996
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4. LITTER
ACT 1979
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Pursuant
to Clause 32 of Part 1 of the Seventh Schedule to the Local Government Act
2002, the Hearings Committee is delegated authority to hear and decide on any
objection lodged pursuant to Section 10 of the Litter Act 1979 against a
notice issued under that section.
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Decide on Objections to Notices Issued by a Litter
Control Officer.
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5. Building
Act 2004
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Pursuant
to Section 67A of the Building Act 2004 the Hearings Committee is delegated
authority to grant a waiver or modification to section 162C(1) or (2) (which
requires residential pools to have means of restricting access by
unsupervised children) the requirements of the Act (with or without
conditions) in the case of any particular pool.
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Grant Exemptions to Pool Fencing Requirements.
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6. HASTINGS
DISTRICT COUNCIL BYLAWS
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Pursuant
to Clause 32(1) of Part 1 of the Seventh Schedule to the Local Government Act
2002, the Hearings Committee is delegated authority to:
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i) Hear
and determine any application for a review of any decision of a duly
authorised officer pursuant to any part or provision of the Hastings District
Council Bylaws.
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Review of Delegated Decisions.
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ii) Consider
and determine any application under Clause 1.5 of Chapter 1 of the Hastings
District Council Consolidated Bylaw for a dispensation from full compliance
with any provision of the Bylaws.
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Dispensations from
Bylaws Requirements.
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7. LOCAL
GOVERNMENT ACT 1974
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Pursuant
to Clause 32(1) of Part 1 of the Seventh Schedule to the Local Government Act
2002 the Hearings Committee is authority to hear and recommend to Council on
any objections to any proposal to stop any road pursuant to Section 342 and
the Tenth Schedule to the Local Government Act 1974.
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Hearing Objections
to Road Stopping.
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8. GAMBLING
ACT 2003
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Pursuant
to Clause 32(1) of Part 1 of the Seventh Schedule to the Local Government Act
2002, the Hearings Committee is delegated authority to:
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i) Hear,
consider and determine in accordance with section 100 of the Gambling Act
2003, applications for territorial authority consent required under section 98
of that Act, as required by the Hastings District Council Class 4 Gambling
Venue Policy.
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Hear and Decide on Applications for Territorial
Authority Consent.
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Hastings District
Council
