Practice Directions of the Resource Management and Planning Appeals Tribunal, Practice Direction 12.
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Potential Applicants should ensure they have carefully considered the relevant sections of the Legislation enabling such applications. (Click on Links). It may be prudent for parties to obtain legal advice. The Tribunal has a register of professionals who will give a brief initial consultation free of charge.
Supplied forms can be located via the link below.
Written statements should be prepared to be used at the initial hearing of the application.
A date will be given for the initial hearing of the application. Depending on the urgency of the matter, this may be immediately.
At the initial hearing the Applicant will need to satisfy the Chairperson, by way of there statements and if necessary any additional oral evidence (which could be from an expert or a person who is affected by the breach) that there are sufficient grounds to issue a summons to the Respondent to show cause.
There will need to be evidence of the ownership of any land in question, and of any person who has an interest in the land or matter.
If the Applicant is successful the Chairperson will order a summons to issue and may make any other orders which may be necessary. (e.g. Temporary Orders etc.)
The summons is prepared by the Tribunal staff and forwarded, with attachments, to the Applicant, together with two copies, the original for service on the respondent as soon as possible, the other copies are for the completion of statement of service (which is returned to the Tribunal) and one for the Applicant’s
At the hearing the Respondent will be asked whether (s)he wishes to show cause why an order should not be made.
If the Respondent does not wish to show cause an order may be made at this stage by the Chairperson, and evidence already before the Tribunal may be relied upon.
Or, the Respondent may wish to show cause, in which case the matter will be set down for hearing at a later date, and will proceed in a similar way to an appeal hearing. At that hearing the Applicant will be required to make out their case first, and then the Respondent will have an opportunity to present evidence.
It may be decided at the first appearance of the Respondent that a mediation conference would help to resolve or clarify the issues between the parties and a date will be set for this purpose. For such a conference, a party who is acting on behalf of an organisation or a group should have first obtained authority to settle on behalf of that organisation or group, should a consent agreement be reached.
If the parties reach agreement privately, and a consent agreement is signed by all the parties, outside a mediation conference, that agreement should be forwarded to the Registrar of the Tribunal as soon as possible so that any hearing or conference arrangements can be cancelled.
If the Chairperson is satisfied that a decision in the terms of the agreement is within the powers of the Appeal Tribunal and that it would be appropriate to make a decision in those terms, the decision will be given without the need to hold a hearing.
In the case of a hearing, evidence from all parties and their witnesses will have to be in the form of written statements of evidence. Those statements must be sent to reach the other parties and the Tribunal (three copies) no later than fourteen days before the hearing date, or such other time as the Chairperson may order.
