INQUIRY PROCEDURES MEMORANDUM NO. 01 OF BOARD OF INQUIRY DATED 5 SEPTEMBER 2017: ISSUE 06. Act 1991 (the RMA) AND

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1 IN THE MATTER of the Resource Management Act 1991 (the RMA) AND IN THE MATTER of a Board of Inquiry appointed under s149j of the Resource Management Act 1991 to consider notices of requirement and applications for resource consent made by the New Zealand Transport Agency in relation to the East West Link roading proposal in Auckland. MEMORANDUM NO. 01 OF BOARD OF INQUIRY DATED 5 SEPTEMBER 2017: ISSUE 06 INQUIRY PROCEDURES

2 Inquiry Procedures for East West Link Proposal Issued by the Board of Inquiry: Dr John Priestley (Chairperson) Alan Bickers (Deputy Chair) Michael Parsonson Sheena Tepania 5 September 2017: Issue 06 Purpose of the Inquiry Procedures The purpose of these Inquiry Procedures is to set the rules and timeframes by which the inquiry process will run. The Inquiry Procedures have been divided into four sections: Section 1 - Application timeline Section 2 Procedures; Section 3 Hearing processes; and Appendices (Glossary, Document requirements, hearing order) Guidance on how to participate in the application can be found at Amendments or Updates to the Inquiry Procedures Updates may be made to these procedures throughout the process (for example: changes to dates in Section 1) as directed by the Board of Inquiry. Parties will be notified of any changes via the Environmental Protection Authority (EPA) website. Revision Notes Issue 1: First issue dated 14 March Issue 2: Issue 3: Issue 4: Issue 5: Issue 6: Updates to the Inquiry Timetable, including date change for the first Pre-hearing conference. Updates to the Inquiry Timetable, change of EPA media contact details, and minor edits. Updates to Appendix 3 (Hearing Order) following the first pre-hearing conference on 15 May. Updates following the second pre-hearing conference on 15 June, incl. Appendix 3 replaced. Updates to the Inquiry Timetable following time extension. 1 of 22

3 Section 1 - Inquiry Timetable Due to the fluid nature of the application process the timeframes and dates listed may change. Please refer to the application website for the most up-to-date version Parties participating in the hearing will be notified of any changes to these Hearing Procedures by . Date Action 22 February 2017 Public Notification of application 22 March 2017 Submissions close 5 April 2017 Summary of Submissions Report due 12 April 2017 Applicant s evidence due with the EPA 10 May 2017 Submitter s (Group 1 1 ) evidence due with the EPA 12 May 2017 Confirmation of attendance at the hearing due with the EPA 15 May 2017 Pre-hearing conference Expert witness conferencing procedural matters 22 May 2017 Expert witness conferencing timetable issued 22 May 2017 Submitter s (Group 2 all other Submitters) evidence due with the EPA 23 May 2017 to 6 June 2017 Expert witness conferencing (attendees to be available during this time period) 24 May 2017 Preliminary requests for cross-examination due with the EPA 9 June 2017 Hearing Notice issued 15 June 2017 Pre-hearing conference Hearing procedural matters 20 June 2017 Applicant and Submitters (limited to Submitters' experts who attended expert witness conferencing) rebuttal evidence due with the EPA 26 June 2017 Revised cross-examination requests due with the EPA 27 June 2017 Hearing begins 25 August September October November 2017 Proposed date for the hearing to close Draft decision due 14 November 2017 Draft decision released and comments invited by EPA 1 November December November December 2017 As soon as practicable Comments on draft decision due Final decision due Final decision notified and released by EPA 1 Group 1 Submitters: Auckland Council, Transpower, Department of Conservation, Auckland Transport, Kiwirail, Heritage New Zealand, First Gas, Mercury, Spark and Ministry of Education. 2 of 22

4 Section 2 Procedures General application information 1. The New Zealand Transport Agency (Transport Agency) lodged applications with the Environmental Protection Authority 2 (EPA) for two notices of requirement and 23 resource consents ( the matters ) for the East West Link Proposal in Auckland. In accordance with section 149C of the Resource Management Act 1991 (RMA), the Hon Dr Nick Smith, Minister for the Environment, and the Hon Maggie Barry, Minister of Conservation referred the matters to a Board of Inquiry as a proposal of national significance. 2. The application was notified on 22 February Submissions on the application were received between 22 February and 22 March Information on application 4. The application and other associated information can be accessed through the EPA website at 5. Hard copies of the application and other associated information will be available at the following locations: EPA Office 215 Lambton Quay, Wellington Graham Street Service Centre 35 Graham Street, Auckland Onehunga Library 85 Church Street, Onehunga, Auckland Māngere Bridge Library 5/7 Church Road, Mangere Bridge, Auckland Ōtāhuhu Library 28/30 Mason Avenue, Ōtāhuhu, Auckland Central City Library - 44/46 Lorne Street, Auckland Decision-maker appointment 6. The Minister for the Environment and the Minister of Conservation (the Ministers) delegated the decision making for the East West Link application to a Board of Inquiry (the Board). 7. The Board members are: Dr John Priestley (Chairperson), Alan Bickers (Deputy Chairperson), Michael Parsonson and Sheena Tepania. 8. A Register of Board members relevant interests is maintained on the EPA website: 2 The Environmental Protection Authority is a Crown Entity, responsible for a variety of activities including the processing of applications fro proposals of national significance. 3 of 22

5 Communication with Board of Inquiry, EPA and parties 9. All communication in relation to the processing of the application that is to be directed to the Board is to be made via the EPA. You can provide information in the following ways: ( s need to be smaller than 10 MB) Mail: East West Link Proposal, Environmental Protection Authority, Private Bag 63002, Wellington 6140 Phone: on freephone Delivery in person: EPA (attention East West Link Proposal), Level 10, 215 Lambton Quay, Wellington. Communication with the Board of Inquiry 10. Generally all correspondence to the Board will be made available on the website, unless otherwise directed by the Board, or if of an administrative nature. If a correspondent does not want certain information to be made publicly available (e.g. personal information or information that is protected by a sensitive information order), the correspondent may request the EPA to not disclose such information, in which case the correspondent must clearly identify which information the request applies to and the reasons why it should not be made available. It is at the discretion of the Board whether they allow this or not. Communication from the Board of Inquiry 11. Any public communication from the Board will generally take the form of a memorandum. Memoranda may include: A Direction a general directive of the Board advising or requiring a response from one or more parties; A Decision a finding on a particular issue (for example on a pre-hearing dispute); and An Advisory Notice information applying to one or more of the parties. 12. Communications from the Board will be issued by the EPA (on the Board s behalf) by unless the EPA has been advised that another form of communication is required. 13. The documents will also be posted on the EPA website. The EPA will only notify submitters of documents being posted on the website where there is a legal requirement to do so, or the Board directs it to do so. The responsibility is on the parties to check the EPA website for new information. Section 3 Hearing Processes Parties confirm their request to present at hearing 14. Parties must confirm the following with the EPA by the date set out in Section 1: 4 of 22

6 a. If they wish to speak at the hearing, and any witnesses (including expert witnesses) they wish to appear (names and topics) on their behalf b. If they wish to make an opening representation c. If they are unavailable for any time during the hearing d. If they need an interpreter [e.g. for Te Reo or sign language] e. If they intend to present information using any electronic media 15. Parties who do not confirm they will present at the hearing, will not be allocated a speaking slot. They will still be able to attend the hearing, but will not be able to present to the Board. Hearing notice 16. A Hearing Notice will be issued confirming hearing dates and locations by the date set out in Section Unless otherwise advised, the Hearing will begin each day at 9:00 am. It will generally finish around 5:00pm. There will be 15 minute breaks at approximately 10:30 am and 3:30 pm. The lunch break will typically be from 12:30 to 1:30pm. Catering is not provided. 18. The first day of the Hearing on 27 June 2017 will begin at 9.30 am with a Powhiri. 19. A detailed Hearing Schedule will be produced and updated regularly throughout the process. This will be made available on the EPA website and will contain the dates, venues and order of speakers on each day, with approximate timings. 20. The Hearing Schedule is subject to frequent change. This is essentially due to of the length of presentations and questions being shorter or longer than anticipated. Parties are expected to keep up to date with progress through the hearing order. An updated Hearing Schedule will be regularly provided on the EPA website. 21. All parties should be aware that their scheduled time may change multiple times, and may move significantly. Parties should be ready to speak at any time from the start of the hearing. 22. Please discuss with EPA staff if you have immovable commitments. There is no guarantee that they will be accommodated, staff will, however, try and work with your existing commitments (i.e. international travel, childcare requirements). 23. To enable a fair and efficient hearing and to avoid repetition, time allowances for the presentation of representations and evidence are set out in Appendix The order of parties appearing at the hearing will be in general accordance with that set out in Appendix 3. 5 of 22

7 Applicant s evidence 25. The applicant is required to provide its written statements of evidence to the EPA on the date specified in the timetable in Section The applicant will also have the opportunity to provide rebuttal evidence to the EPA after conferencing. This evidence is to be provided on the date specified in the timetable in Section 1. Submitter evidence 27. If a submitter is having a witness appear for them, the submitter is required to provide their written statements of evidence to the EPA on the date specified in the timetable in Section 1. It is the submitter s responsibility to facilitate the provision of this information, not the witness. All Evidence 28. All evidence is to be provided by 2pm on the date specified in the timetable in Schedule Witnesses should state in their evidence if they consider themselves to be expert witnesses and provide a statement about their qualifications and expertise to support this. All expert witnesses must comply with the Expert Witness Code of Conduct Environment Court Consolidated Practice Note (2014): An expert witness has an overriding duty to impartially assist the Board on matters within the expert's area of expertise, and not advocate for a position regardless of who has hired them. 30. Evidence must meet the documentation requirements detailed in Appendix If evidence needs to be updated after it is lodged (for example as a result of meetings, or identification of an error) the witness must provide a tracked change version of the evidence clearly identifying the changes made, with a version number and date. Unless the change would significantly impact on other parties in their preparation, it is expected that changes as a result of meetings will be made in person at the hearing. 32. Evidence will be provided to parties by being made available on the EPA website, from where it can be downloaded. If any party is unable to download copies of the evidence, they can request the EPA to provide the evidence on CD or in hard copy. The EPA may charge for hard copy material. 33. Hard copies of evidence will be available for viewing at the hearing. Expert conferencing and pre-hearing meetings Expert Conferencing 34. The Board expects that Expert Conferencing will take place in accordance with the Environment Court s Practice Note 2014: ENVC-practice-notes. 6 of 22

8 35. The Board will make the final determination on which expert evidence and witnesses are relevant for expert conferencing, and direct the appropriate witnesses or parties to attend. 36. The Board expects that expert witnesses will be available to expert conference with other experts in the same technical field. 37. The Board will issue a timetable for expert conferencing in accordance with the date set out in Section Only requested witnesses are to attend expert conferencing. Parties are not permitted to attend or observe. A joint witness statement will be produced from Expert Conferencing that will outline the areas of agreement, disagreement and any shared assumptions/facts. Pre-hearing Meetings 39. The Board will hold a procedural pre-hearing meeting. All parties wishing to attend the hearing will be invited. The procedural pre-hearing meeting is an opportunity to determine any procedural matters before the hearing, and does not discuss any evidence or position of parties. 40. In addition, the Board may request the applicant and one or more submitters meet to discuss any matters in dispute before the hearing. 41. Parties are free, and are encouraged to, hold such meetings amongst themselves, or with the applicant. Expert Conferencing and Pre-hearing Meetings 42. The final topics, attendees, dates and times of all Expert Conferencing and Pre-hearing Meetings will be advised as per the timetable provided in Section 1. Attendees will be expected to make themselves available for these dates. Further dates and times may be directed by the Board or in agreement by the attendees. 43. Should any party seek changes to the scheduled Expert Conferencing or Pre-hearing Meetings, a request should be made to the Board within two (2) working days of the dates and times being advised. Attendance requirements and/or other changes will be confirmed by the Board. 44. Expert Conferencing and Pre-hearing Meetings will take place in Auckland, except where the Board agrees otherwise. 45. The Board may appoint a facilitator to organise and conduct Expert Conferencing and/or Prehearing Meetings if required. 46. For all Expert Conferencing and Pre-hearing Meetings a report is to be provided on the outcome of the meeting, including: a. the matters that were agreed at the meeting; and b. the matters that were not resolved and why. 7 of 22

9 47. The report will not include anything communicated or made available during the conferencing or at the meeting on a without prejudice basis. Cross-Examination and Questions Cross-examination of witnesses 48. Any party may cross-examine a witness. 49. Parties wishing to cross-examine witnesses must give written notice of their intention, and their expected length of questioning, in accordance with the timetable in Schedule 1. Parties are not required to submit their questions. 50. The EPA will make all notices of cross-examination available on the EPA website prior to conferencing to allow the party/person to be questioned to adequately prepare an answer. 51. The Board encourages parties with similar interests to group together for any questions. The Board will not allow repetitive or irrelevant questions. 52. Further questioning of a witness by the party calling that witness may be allowed after questions from other parties have been completed. 53. For the purposes of making a decision on the application, the Board may ask any question of the applicant, any submitter, representative, legal counsel, or witness. Questions will generally be after, but may be at any point in the presentation by that person. Questions for Submitters 54. Any party wanting to ask submitters giving representation questions or points of clarification must seek permission from the Board. The Board may ask any question of any submitter, representative, legal counsel, or witness. The Hearing 55. The Board will pre-read the application, submissions, the evidence, and any other material provided in accordance with the timetable provided in Section The hearing will be a public hearing where the applicant and submitters (and their respective witnesses) who have advised that they wish to present at the hearing can speak. 57. The hearing will proceed on the basis that all parties have read the material of relevance to them. 58. All parties are required to behave in a manner that assists the Board in their decision-making process, and seeks to make efficient use of the hearing time available. 59. The Board may ask any question of the submitter, representative, legal counsel, or witness. 8 of 22

10 Opening the hearing 60. The hearing may open with a mihi whakatau and opening statement from the Chairperson. Opening representations 61. Opening representations will be made after the hearing has been opened and any process, administrative and/or jurisdictional matters have been addressed. 62. The Board may ask questions associated with any opening representation Opening representations from the applicant 63. Opening representations by the applicant are expected to provide a succinct overview of their case, identification of the relevant issues and the applicant s position on these, the legal context, an outline of the evidence to be presented and the likely length of time to present the case. 64. Hard copies of representations and any documents supporting these can be provided at the Hearing but must meet the requirements set out in Appendix 2. Opening representations from submitters 65. An opening representation from submitters is optional. A request to make an opening representation must have been made by the date set in Schedule 1, and limited to submitters who are either; a. Calling three or more witnesses b. Representing a group of submitters; or c. Representing an organisation 66. Any other submitter wishing to make an opening statement should apply, giving reasons, to the Board by the date set out in Section If a submitter opening representation is made, it should provide a succinct overview of the case, identification of the relevant issues and the submitter s position on these, the legal context, an outline of the evidence to be presented by the submitter and the likely length of time to present the case. 68. A limit may be placed on the time allowed for a submitter s opening representation. Any such time limits are set out in Appendix 3. Witnesses appearing at the hearing (providing evidence) 69. Submitters wanting to call witnesses at the hearing must indicate who those witnesses are and the topics they will cover by the date specified in Section The evidence of witnesses must meet the requirements set out in Appendix 2. 9 of 22

11 71. All witnesses must attend the hearing in person (or, by prior agreement of the Board, through video conferencing), unless the Board decides that a particular witness does not need to appear. 72. Witnesses will be sworn in, or may choose to make an affirmation. 73. Expert witnesses for a subject area will be heard consecutively where practicable, and/or may be heard at the same time. Expert witnesses for a particular subject area should make every effort to attend the hearing when other experts are giving relevant evidence. Witness attendance will proceed on the basis that the witness has familiarised themselves with other relevant information from the hearing. 74. Witnesses will not read their evidence at the Hearing unless requested to do so by the Board. Witnesses may: a. present a concise summary of their evidence; this summary should cross reference back to the evidence; b. explain relevant figures, plans and tables; and c. summarise any changes to their evidence as a result of facilitation or conferencing. 75. The Board may direct that a witness need not appear at the hearing. This may occur where the witness s evidence is not contested by any other party, but may also, at the discretion of the Board, be for any other reason. 76. A limit may be placed on the time witnesses have to present their evidence. Any such time limits are set out in Appendix 3. Submitters appearing at the hearing (making their representation) 77. All submissions will be read and considered by the Board. Submitters do not have to attend the hearing if they do not wish to, their views will be considered by the Board regardless of their attendance. 78. Submitters wanting to speak to their submission at the hearing must reconfirm their wish to do so by the date specified in Section 1. The EPA will then prepare a hearing schedule accordingly. 79. Submitters can speak to their submission themselves, or they can choose to be represented by a lawyer, an advocate or other person (e.g. a friend or family member). If not representing themselves the submitter must advise the EPA who will present their submission. 80. A joint representation (where one person makes a representation on behalf of several submitters) is encouraged where the submissions are of a similar nature. 81. If submitters do not identify opportunities for joint representation and/or the Board considers there is likely to be excessive repetition at the hearing (a number of submitters saying the same thing) the Board may limit the circumstance in which submitters who have the same interests can speak. 10 of 22

12 82. When speaking at the hearing, a submitter can address the matters raised in their submission but must not introduce new topics. Evidence will be taken as read, unless the Board direct otherwise. 83. A limit may be placed on the time submitters have to make their representation. Any such time limits are set out in Appendix To assist submitters in planning their attendance, dedicated Submitter Days will be available. There will be limited spaces available on these days, and exact time will not be able to be confirmed, however, the date will be fixed. Submitter Days will be divided into three sessions, submitters scheduled for the Submitter Day are requested to be available from the start of the session they are scheduled in. Presenting at the Hearing 85. All parties presenting at the Hearing are required to bring ten written copies of their presentation and provide to the EPA an electronic version of this document prior to presenting. This can be done by bringing a USB stick or ing your document to eastwest@epa.govt.nz. Presentation/electronic media requirements at the Hearing 86. Prior permission must be sought from the Board for use of any electronic media at the hearing (e.g. power point presentations, videos etc.). The request must state what electronic media is required, date and time needed; system and software requirements; and who will provide the hardware (e.g. laptop/projector). Speaking via video-conference 87. Any party may request the Board to allow their representation or witness s evidence be given via video conference or similar such as Skype. 88. The request must state the name and location of the witness and the reason(s) why they cannot attend in person. 89. The date by which any request must be made is specified in Section Each application will be considered on its merits and if permission is granted by the Board, the party will discuss the necessary arrangements with EPA staff to determine feasibility. 91. Representations by telephone conference are not permitted. Presentation/electronic media requirements at the hearing 92. Where any submitter or their representative intends to use electronic media as part of their presentation they must advise the EPA by the date specified in Section EPA systems at the hearing will enable the viewing of PDF documents, PowerPoint presentations, picture files and video files (using a standard.mp4 or.wav video format). Intentions to use 11 of 22

13 electronic media should include the type of electronic media to be used, and whether any specific system or software requirements are needed. Electronic media presented at the hearing must meet the electronic copy requirements in Appendix 2. Presenting in Te Reo / Sign Language 94. Any party, representative or witness may speak in Te Reo Māori at the hearing. The EPA must be informed of the intention to use Te Reo Māori so that an interpreter can be arranged. Any karakia, powhiri, or mihi will not be translated into English unless this is specifically requested before the hearing. 95. If evidence or a representation is to be given in Te Reo Māori, that evidence is to be pre-circulated with an English translation. 96. Any party, representative or witness may present in New Zealand Sign Language at the hearing. The EPA must be informed of the intention to use New Zealand Sign Language so that an interpreter can be arranged. 97. The date by which requests for use of Te Reo Māori and New Zealand Sign Language must be received is specified in Section 1. Closing statements 98. After the submitters have been heard parties who made an opening representation may make a closing statement. This is optional. The Board or EPA will seek confirmation of parties wishing to make closing statements at a later date. No additional evidence or new information that has not been addressed during the hearing can be introduced at this time. 99. A limit may be placed on the time to make a closing statement. Any such time limit is set out in Appendix Following the closing statements the Board will close or adjourn the hearing. The Board will advise all parties of its next steps. Written record of proceedings 101. The EPA will have the hearing proceedings recorded and transcribed. The transcripts will be made available on the EPA website. The EPA will have transcriptions published on its website as soon as practicable The record of the hearing proceedings will also be provided on the EPA website and include: a. a summary of proceedings, including a list of the applicant s witnesses and submitters who have spoken at the hearing b. witnesses who have appeared, and a list of all documents submitted at the hearing; and c. a reference set of all documents presented to the hearing 12 of 22

14 Health and Safety at the hearing 103. Parties are responsible for ensuring their own health and safety at the hearing EPA staff will take all reasonable steps to ensure the safety of all parties attending the hearing. If you have concerns about your safety at the hearing, please raise it with EPA staff Hazards or potential hazards should be raised with EPA staff as soon as practicable In the event of an emergency during the hearing, parties are to adopt the emergency procedures specific to the venue and follow the instructions of EPA or venue staff should evacuation be required. Media requirements 107. The hearing will be in public (except to the extent that any protection of sensitive information applies). Representatives of the media are free to attend and report the proceedings Cameras, video-recorders and audio recorders can only be used by media or any other person in the hearing with prior permission from the Board. Applications for recording can be made to the Board Chairperson in advance by writing to the EPA Media interviews are not allowed in the hearing room. The Board are not available for media interviews. The EPA will be available to provide process information to the media. All media enquiries should be directed to Diane Robinson, EPA Communications Manager at or phone The Board will operate under the Environment Court s Media Coverage Guidelines which can be found on the Ministry of Justice website at: Recording the Hearing 111. The hearing cannot be recorded for personal or public purposes without prior approval from the Board Chairperson. This includes photographs, videos or sound recordings Specifically there is to be no recording whatsoever by electronic devices without prior approval of the Board Chairperson. This includes, but is not limited to; cameras, dictaphones, digital voice recorders, video recorders, mobile phones or tablet computers The Board will have the hearing proceedings recorded and transcribed 3. The transcripts will be made available on the EPA website. 3 Under section 149L(4)(a) of the RMA. 13 of 22

15 Decision Draft decision 114. The expected date for the draft decisions release is specified in Section 1. Comments on draft decision 115. Under section 149Q(4) of the Resource Management Act (RMA), the EPA invites comments on minor or technical aspects of the report from those parties outlined in section 149Q(3) of the RMA Under section 149Q(5) of the RMA comments may include: a. minor errors in the report; b. the wording of conditions specified in the report; c. that there are omissions in the report (for example, if the report does not address a certain issue) Comments are not to be on the Board of Inquiry s decision or its reasons for that decision An online form for comments on the draft decision will be available during the draft decision comments period on the application website: Comments must be received by the EPA before the time and date set out in Section Comments can be sent to: eastwest@epa.govt.nz (please note East West Link Proposal Comments in the subject line) Post: East West Link Proposal, Environmental Protection Authority, Level 10, 215 Lambton Quay, Wellington 121. In accordance with section 149R(1) of the RMA, the Board will consider any comments received and then make its decision and prepare a final report. Final decision 122. The expected date for the decision release is specified in Section 1. Appealing the decision 123. Parties considering an appeal on the decision should contact their solicitor, the New Zealand High Court or visit for details. It is recommended that any parties considering appealing take legal advice. A fee is required for filing an appeal Any appeal on the decision to the High Court must be filed with the Registrar of the High Court within 15 working days after the date the appellant is notified of the decision. 14 of 22

16 Requests to apply for a variation from the hearing procedures 125. If any party wishes to apply for a variation to any of these procedures, a written request must be made to the Board of Inquiry Any request must contain a full explanation of why the variation is required The Board will identify any person to be informed of the request and invite them to make representations before the Board s decision All written requests to vary from the procedures, and the Boards decisions on these requests, will be available on the EPA website: For the Board: Dr John Priestley CNZM, QC Chairperson 15 of 22

17 Appendix 1 Definitions Terms used in these Inquiry Procedures (and related correspondence) The applicant The New Zealand Transport Agency. The application The New Zealand Transport Agency (Transport Agency) lodged applications with the Environmental Protection Authority 4 (EPA) on the 16 December 2017, for two notices of requirement and 23 resource consents relating to the construction, operation and maintenance of the East West Link East West Link Proposal in Auckland. The Board The specialist Board of Inquiry appointed by the Minister for the Environment and Minister of Conservation to make a decision on the East West Link Proposal. Board Minutes and Directions The Board will issue Minutes (providing information) and Directions (decisions requiring actions) throughout the process to communicate with parties. Closing Statement A short and concise summary of the party s case and, where appropriate, a critique and comment on other parties cases, usually but not always given by Counsel for the party. Counsel a lawyer who represents one or more of the parties. EPA the Environmental Protection Authority. Evidence statements that set out or evaluate facts. Evidence can include photographs and other visual presentations. Expert Conferencing a meeting or experts (in a particular field) to narrow differences or clarify issues both prior to and during the hearing. A report is produced documenting the outcomes. Expert witness a witness who has the knowledge and/or experience that entitles him or her to be recognised by the Board as an expert in their particular field. Experts are required to abide by the Expert Code of Conduct, Environment Court s Practice Note 2014: Friend of Submitter an independent planner and/or lawyer who is hired by the EPA to provide independent and free advice to submitters about the board of inquiry process. 4 The Environmental Protection Authority is a Crown agent, responsible for a variety of activities including the processing of applications of national significance. 16 of 22

18 Hearing schedule a timetable that identifies where a hearing will be held and lists the order of people for that venue and approximate allocated speaking times. Due to the uncertainty of the length of presentations and questioning, specific dates and times cannot be precisely allocated to those appearing at the hearing. Local Authority Auckland Council. Mediation a method of dispute resolution where a neutral mediator helps the parties involved attempt to come to an agreement. The mediator does not impose a decision on the parties. Party (Parties) the applicant and submitters who have indicated they wish to be heard. Pre-hearing Meetings when parties/witnesses talk together with the aim of identifying differences between them, resolving any differences and/or narrowing or clarifying issues and avoiding repetition in the hearing. Opening Representation An overview of a party s case usually provided on the first day of the hearing. The opening representation assists the Board in understanding the content, flow, important issues and the nature of the evidence that is to be called by a party, and any legal issues that may be relevant. Representations a party s statement of position made to the Board at the hearing. Sensitive information order an order which protects the disclosure of information for the purposes of: a. avoiding serious offence to tikanga Maori or to avoid the disclosure of the location of waahi tapu; or b. avoiding the disclosure of a trade secret or unreasonable prejudice to the commercial position of the person who supplied, or is the subject of, the information Submission a written or electronic submission relating to the application. Submitter a person or group of people who make a submission on the application. Witness a person who provides evidence on behalf of a party. 17 of 22

19 Appendix 2 Requirements for documents (including evidence and representations) Evidence 1. All applicant and submitter witnesses must provide an electronic copy of their evidence to the EPA by the dates set out in Section 1, AND witnesses must also provide ten (10) hard copies either on the same due date or no later than five (5) working days thereafter. The hard copy and/or electronic copy must be identical and comply with the hard copy and electronic copy requirements as outlined below. 2. Statements of evidence can be sent: a. By to eastwest@epa.govt.nz (if smaller than 10MB); or b. On a disk or portable storage device (e.g. USB stick or CD) (if larger than 10MB); or c. Posted to Environmental Protection Authority, Private Bag 63002, Wellington 6140, Attention: East West Link Proposal; or d. Delivered in person to Environmental Protection Authority, Level 10, 215 Lambton Quay, Wellington. 3. The statements of evidence can refer to reports provided as part of the application, any other report published by the EPA on its website or any submission. These reports/submissions do not need to be supplied again. 4. If evidence is over 15 pages the witness shall provide an executive summary (no more than two pages) at the beginning of their evidence. 5. If evidence needs to be updated after it is lodged (e.g. as a result of meetings), this updated evidence should be provided electronically to the EPA and any parties with approved requests to question the witness. Any such updated evidence is to be provided electronically and no less than three days before the witness is scheduled to appear. Updated evidence must be tracked to show any changes and include a version number and issue date. 10 hard copies shall be given to the Hearing Manager on the day the witness appears. Information presented at the hearing 6. A hard copy of any information presented at the hearing in support of representations, including opening and closing representations, and any documents associated with submitter presentations, may be provided on the day. Ten (10) hard copies and one (1) electronic copy should be given to the Hearing Manager when you arrive and these documents must comply with the hard copy and electronic copy requirements outlined below. 18 of 22

20 7. For parties who have been permitted to present using electronic media, the presentation files should either be ed to the EPA the day before the party is scheduled to appear, or given to the Hearings Manager on a disk or portable storage device upon arrival at the hearing venue. Hard copy requirements 8. All text shall be single-sided A4 with a minimum 11 font size. Line spacing must be a minimum of 13pt or 1.5 lines. 9. Non text exhibits shall be single sided and provided on A3 or A4 paper. 10. All coloured exhibits shall be provided as colour copies of good quality. 11. All evidence, including appendices, must have page numbers, a table of contents and be hole punched for an A4 lever arch folder. If the combined evidence for any party is more than 100 pages in total, it must also be tabbed and provided to the EPA in lever arch folders. 12. Each statement of evidence shall be signed by the witness who is to give that evidence. 13. Permission to deviate from the hard copy requirements may be sought from the Board. Electronic copy requirements 14. If the electronic copy of any document is less than 10MB, it can be ed to the EPA at eastwest@epa.govt.nz. 15. If the electronic copy of any document is greater than 10MB, it must be provided to the EPA on a CD, DVD or portable storage device (e.g. USB Stick). Any electronic files over 10MB in size may be too large to and so should be split into multiple parts. If splitting electronic files, please make it clear when naming the separate parts of the document the order they should be reassembled in. 16. The electronic documents should, where practicable, be provided a Microsoft Word document or a searchable PDF. If this is not possible, other arrangements should be made with the EPA before providing the document. 17. If a party is providing evidence that include video clips then one copy on a DVD is to be provided both to the EPA and the applicant. 18. Any party unable to create electronic copies of a document must contact the EPA to make other arrangements before the date the document is due to be lodged. 19 of 22

21 Appendix 3 Hearing Procedures The following reflects the procedures discussed at the second pre-hearing conference on 15 June Order of Appearances at the Hearing The hearing will generally be scheduled in the following order - 1. Powhiri 2. Welcoming remarks by the Board Chair 3. Opening statement by the Applicant 4. Opening statements by Submitters: a. Opening statements are optional, and should be in the form of a minute summary of the submitter s case b. Submitters who confirmed they wish to make an opening statement and the time required have been factored into the Hearing schedule c. Parties are to provide their opening statements in writing with major points bullet pointed 5. The Applicant calls its overview witnesses, followed by its subject matter expert witnesses, ending with its planning witnesses a. The Submitters who have filed evidence will call their witnesses (Parties in support, followed by Parties in opposition):beginning with Auckland Transport, followed by Auckland Council b. Followed by Parties in the order agreed at the first pre-hearing conference, which will be reflected in the Hearing schedule c. Ending with The Onehunga Enhancement Society (TOES) and Others d. Parties will be grouped together where possible e. Any Party seeking to re-order the Hearing schedule for sensible reasons must liaise with any other Party impacted by the proposed change, and with the EPA 6. The Parties not calling evidence but who wish to make representation will then proceed in alphabetical order 7. The Board will then receive closings from Submitters who called evidence and who wish to make a closing statement (optional), in reverse order 8. Closing statement by the Applicant 20 of 22

22 Indicative time allowances for presentations Opening statements Evidence Representations Closing statements Applicant s opening statements Auckland Council TOES and related groups Auckland Heliport Limited Partnership All other Parties making opening statements Witnesses will present a summary and/or any corrections to their evidence Cross-examination Questions of the witness by the Board Representation from the submitter or representative Questions of the submitter by the Board Applicant s closing statement Any other Parties closing statements 1-2 days 2 hours 2 hours 1 hour Up to 30 minutes 15 minutes No limit No limit 10 minutes No limit 3 hours 30 minutes Daily Sitting Times Session 1 09: Morning Break Session 2 10:45 12:30 Lunch Session 3 13:30 15:30 Afternoon Break Session 4 15:45 17:00 21 of 22

23 Unavailability of witnesses All witnesses are expected to make themselves available for attendance at the Hearing, however, the Board accept that there may be circumstances where witnesses may not be able to appear when they are set down in the Hearing schedule. The Board will endeavour, so far as is practicable within the timetable, to accommodate such circumstances. Parties are to give as much notice of witness unavailability as possible. 22 of 22