Use of commissioners

Attachment 1 - PNCC Delegations

DELEGATIONS TO COMMISSIONERS  

Powers of Commissioner

177. Those persons appointed from time to time by the Council as Hearings Commissioner under the Resource Management Act have the power to either individually or jointly with any other hearings commissioner hear and determine any matter raised under the Resource Management Act 1991, including such functions as Resource Consents, Variations, Plan Changes and Designations, except those functions expressly excluded by section 34A. The power to process any of the aforementioned matters includes the power to decide whether to require any further information not already requested by Council staff and whether the application is to be notified or non-notified. Each member of the Hearings Committee shall be deemed for the purposes of this delegation to be a Hearings Commissioner.
     
     
178. Notwithstanding clause 177 the decision as to which person or persons are affected is to be made by appropriate Council staff acting under delegated authority.

Assignment of Commissioners

1. The Legal Counsel (in liaison with the General ManagerCity Future or her/his nominee, and/or the General Manager City Contact, or his/her nominee) has the responsibility for assigning one or more Hearings Commissioners appointed by the Council to carry out the function of processing hearing and determining any matter or any other Council function under the Resource Management Act 1991 as anticipated by section 34A.
   
   
2. The assignment shall be made in accordance with the Council's policy on the appointment of Hearings Commissioners, seeking input from the Chairperson and/or Deputy Chairperson of the Hearings Committee, and/or his/her nominee from the committee, and shall be reported for information at the next meeting of the Planning and Policy Committee. The Hearings Commissioners responsibilities and powers shall commence
   immediately upon assignment by the Legal Counsel.
   
   
3. Notwithstanding the above, no member of the Hearings Committee may be assigned to consider a matter unless in conjunction with at least one commissioner who is not a Committee member.

NOTE: A list of persons appointed as Commissioners appears in Miscellaneous Council Resolutions, Policies and Procedures (see Part 4 of this Manual.)

When Assignment Required

180. A Hearings Commissioner or Commissioners shall be assigned to consider any matter or any other Council function under the Resource Management Act 1991 as anticipated by section 34A, when one or more of the following applies:
     
     
     1. The Council is the applicant.
        
        
     2. The organisation (applicant) is one in which the Council has a significant and/or pecuniary interest.
        
        
     3. The project (application) is one in which the Council has a significant and/or pecuniary interest.
        
        
     4. In the view of the Hearings Committee or Council, the subject of the hearing is highly political, and elected members ' objectivity is compromised due to previous political and community debate.
        
        
     5. In the view of the Hearings Committee or Council, the highly complex and technical nature of the issues to be addressed in the hearing requires specific expertise. (Care is needed in this regard, as technical issues should always be discussed at the hearing in a manner that is understandable to the layperson.)

NOTE: In the event such circumstances arise under clauses 180.4 and 180.5 above, the Hearings Committee will advise the need for Councillors to be appointed.

181. Notwithstanding the requirements of clause 180 above, a Hearings Commissioner or Commissioners are not required to be assigned to consider any matter as above where:
     
     
     1. The application is minor in scale and effect; and
        
        
     2. The written consent of all affected parties, as determined by appropriate Council staff acting under delegated authority, have been provided.

Report of Commissioner

182. Each report or decision made by a Commissioner or Commissioners shall be reported to the Council for information.

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