Nelson City Council

(formerly the Applications Committee)

Panel membership

The following Councillors form a membership pool for the Hearings Panel. The Panel to hear any particular application will consist of members drawn from the pool.

• Ian Barker, Chair
• Gail Collingwood
• Mark Holmes
• Denise Henigan
• Rachel Reese
• Derek Shaw

Meeting locations

Unless otherwise indicated, meetings are held in the Council Chamber, Civic House, Trafalgar Street, Nelson.

Special note about Hearings Panel meetings

Hearings Panel meetings are scheduled fortnightly in order to review applications in a timely manner. If there are no applications, meetings are cancelled.

Minutes

Public forum

There is no public forum held during meetings of the Hearings Panel.

Commissioner hearings

Resource consent applications are heard by the Hearings Panel. When there is a perceived or real Council interest, or when provided for by statute, the Hearings Panel defers to an independent commissioner from outside of Nelson to decide on the resource consent application. As such, hearings are held when needed, not on a regular schedule.

Read more about 2009 Commissioner Hearings.

Download agendas for 2008 commissioner hearings. 

Functions

Note: The Hearings Panel was formerly known as the Applications Committee.

1. 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 hearing under the Resource Management Act 1991, Sale of Liquor Act 1989, Dog Control Act 1996, Fencing of Swimming Pools Act 1987, and other statutes, including determining the strategy or extent of any changes or variations to decisions which it has made, to be followed in any arbitration, mediation, or appeal before the Environment Court.
2. To monitor and report on the process for dealing with applications for resource consents.
3. The committee may recommend action to be taken by the Council as Requiring Authority or Heritage Protection Authority under the Resource Management Act 1991, or recommend alternative hearing processes for dealing with applications for resource consents.
4. All members of the Applications Committee are appointed as Hearings Commissioners ( section 34 Resource Management Act 1991). From time to time the Divisional Manager Planning and Consents may in consultation with the Committee Chairperson, appoint one or Commissioners to assist the Applications Committee in relation to any particular application. Councillors appointed as Commissioners to replace an absent member shall be drawn from those who have completed a ”Marking Good Decisions” or other appropriate Resource Management Act Course”
5. To consider and determine applications for exemptions from the Fencing of Swimming Pools Act, 1987.

Specific delegations

1. Power to hear and determine contested resource consent applications, subdivisions, and sale of liquor applications, and all procedural matters arising, including determining the strategy or extent of any changes or variations to decisions which it has made, to be followed in any arbitration, mediation, or appeal before the Environment court.
2. Power to hear, consider and attempt to resolve contested road stopping procedures. (Tenth Schedule to the Local Government Act 1974, which was not repealed when the 2002 Act was enacted.). (Note: The Council does not have the power to determine objections to road stopping; that rests with the Environment Court).
3. Power to hear and determine uncontested resource consent applications or applications for reduction of esplanade reserve or proposals for recreation reserves not consented to by the Divisional Manager Planning and Consents , Consents Manager, or Team Leader Resource Consents.
4. Power to hear and determine all objections to decisions and fees (section 357) and extensions and changes or cancellations of consents and existing uses ( section 10, 125, and 127 Resource Management Act 1991).
5. Power to review the conditions of a resource consent and the power to hear and determine the same ( sections 128 - 132 Resource Management Act 1991).
6. Power to grant decisions for discretionary/non-complying activities (104, 104A, 104B, 104C and 104D)
7. Refusal of subdivision consent Section 106RMA)
8. Power to appoint a panel to hear and determine with any other consent authority any application requiring a joint hearing; and to appoint member(s) to hearings of Restricted Coastal Activities (section 118 Resource Management Act 1991).
9. Power to hear and recommend appropriate actions from hearings of designations and heritage orders or restricted coastal activities.
10. Power to hear and determine all matters arising from the administration of the Building Act 1991, and the Building Act 2004 as it comes into effect.
11. All the powers of, duties, and discretions of council as a District Licensing Agency under the Sale of Liquor Act 1989, including the hearing and determination of all matters to which there is a right of objection to the District Licensing Agency.
12. The Council authorises the Applications Committee to further delegate to the Secretary of the District Licensing Agency (Divisional Manager, Planning and Consents acting as the District Licensing Agency ), or any subcommittee, such of those powers, duties, and discretions as relate to any matter that is the subject of any application under the Sale of Liquor Act, 1989, to which no objection has been received (Section 104).
13. Power to consider and determine applications for exemptions from the Fencing of Swimming Pools Act, 1987 (section 12).
14. Power to hear and determine objections to the classification of dogs, and all other procedural matters for which a right of objection and hearing is provided for under the Dog Control Act, 1996; and to recommend changes to the Council’s dog control policy and dog control bylaw.
15. Power to name all features within the city requiring naming including roads, streets, private walkways and rights of ways, service lanes, plazas, parking areas, parks, reserves, gardens, roundabouts, bridges and the like.
16. Power to set policy on the levels of cost recovery of hearing fees and charges in accordance with the Council’s funding policy.