Note dates contained within these procedures have been updated following the Board of Inquiry issuing Minute No. 6 on 25 July 2012 and Minute No. 7 on 30 July 20121. Changes to the dates are highlighted in blue text below.

BOARD OF INQUIRY

NEW ZEALAND KING SALMON PROPOSAL

IN THE MATTER of the Resource Management Act 1991 (the Act)

AND

IN THE MATTER of a Board of Inquiry appointed under Section 149J of the Act to

consider plan change requests and resource consent applications made

by The New Zealand King Salmon Company Limited (NZKS)

The Board of Inquiry

Environment Judge Gordon Whiting (Chairman)

Environment Commissioner Helen Beaumont (Board Member)

Mr Edward Ellison (Board Member)

Mr Mark Farnsworth (Board Member)

Mr Michael Briggs (Board Member)

Date: 6 June 2012

INQUIRY PROCEDURES AND NOTICE OF HEARING OF THE BOARD

Meaning of words used in this document [1] When used in this document, these words are intended to have the meanings given:

[a] Submission – a submission (including further submissions) on the proposal

provided to the Board by the Environmental Protection Authority (EPA);

[b] Submitter – a person who made a submission (or a further submission);

1 Note dates contained within these procedures had been previously updated following the Board of Inquiry’s 5th Board meeting held on 28

and 29 June 2012. The changes made following the issue of Minute No. 6 and No. 7 of the Board of Inquiry supersede this earlier version.

2

[c] Party – the applicant and all submitters and further submitters;

[d] Witness – a person who gives evidence to the Board;

[e] Service of evidence – unless otherwise directed in these procedures, service of

evidence shall be undertaken by way of a CD to be circulated to all parties.

Hard copies will also be available at the following locations:

Environmental Protection Authority (EPA) Head Office, BP House

(Level 1), 20 Customhouse Quay, Wellington

Marlborough District Council, 15 Seymour Street, Blenheim

Marlborough District Library, 33 Arthur Street, Blenheim

Picton Library and Service Centre, 67 High Street, Picton

Havelock Info Centre, 46 Main Road, Havelock;

Elma Turner Library, 27 Halifax Street, Nelson;

Civic Theatre Trust Building, Arthur Street, Blenheim (only during

the course of the hearing)

[f] Evidence – evidence (expert or non-expert) is sworn statements made at the

hearing that tend to prove facts in issue, or facts from which facts in issue may

be inferred. This can also include opinions by expert witnesses;

[g] Expert Evidence – Evidence by a person who has knowledge and/or

experience sufficient to entitle him or her to be held as an expert in a particular

field;

[h] Non-expert Evidence – Non-expert evidence must meet the criteria for

‘evidence’ (i.e. is based on fact) and is otherwise admissible, but is from

someone who does not meet the criteria for expert.

[i] Representation – A representation is a non-sworn presentation to the Board of

a party’s case; essentially advocacy of their position. Board’s website

[2] The EPA has set up website for this Board of Inquiry. The website can be found on

http://www.epa.govt.nz/Resource-management/king-salmon/Pages/default.aspx. All of the

information relating to this inquiry may be found on the Board’s website. This includes:

3

[a] NZKS’s applications and supporting documents;

[b] The Minister’s direction;

[c] The Board’s Terms of Reference;

[d] All submissions on the proposal;

[e] Summary of Submissions report;

[f] Reports the Board has commissioned; and

[g] All evidence (applicant and submitters) lodged with the Board. [3] The Board’s pages on the EPA website will be used to make all information available

to submitters and the public. Physical copies of key documents will be made available to

view at the offices of:

Environmental Protection Authority

BP House (Level 1)

20 Customhouse Quay

Wellington

and at:

Marlborough District Council

15 Seymour Street

Blenheim Lodging/filing documents with the Board

[4] All documents to be lodged/filed with the Board are to be sent to

kingsalmon@epa.govt.nz or posted to:

Environmental Protection Authority

Private Bag 63002

Waterloo Quay

WELLINGTON 6140

4

Or delivered to:

Environmental Protection Authority

BP House (Level 1)

20 Customhouse Quay

Wellington [5] All documentation is to be prefaced with Attn: Jenny Clafferty. All documentation

is to be received at the EPA offices by 5.00pm on the day required for lodging/filing.

Board’s Terms of Reference [6] This Board of Inquiry has been charged with the responsibility to inquire into The

New Zealand King Salmon Company Limited’s proposal comprising of two Plan Change

requests to the Marlborough Sounds Resource Management Plan, eight concurrent

applications for resource consents for salmon farms and salmon farming, and another

resource consent application for a salmon farm and salmon farming.

[7] The Board’s Terms of Reference1

sets out that the role of the board is to consider and

decide the proposal as listed in the Minister’s Direction. The Board is required to hold a

public hearing in the area and shall produce a draft and then a final report stating the Board’s

decision and the reasons for the decision within 9 months after the day the EPA gave public

notice of the Minister’s direction in relation to this matter - by 31 December 2012. The draft

and final reports must include the principal issues and the findings of fact as required by

Sections 149Q and 149R of the Resource Management Act 1991 (the Act).

Scope of the Inquiry [8] The Board must conduct an inquiry in accordance with the provisions of the RMA,

and in particular, Sections 149L and 149P – 149R of the Act. The factors to which the Board

must have regard include the Minister’s reasons2

for directing the matter to a Board of

Inquiry under Section 142 of the Act.

[9] Subject to the Act and these Terms of Reference, the Board can determine its own

procedures. The remainder of this Minute and Directions sets out the detail of what the

Board has decided should be its procedures for the Inquiry.

1

The Board’s Terms of Reference is available on the EPA website for the NZKS applications –

http://www.epa.govt.nz/Resource-management/king-salmon/Pages/default.aspx 2

The Minister’s reasons are contained in the Minister’s Direction and are available on the EPA website

http://www.epa.govt.nz/Resource-management/king-salmon/Pages/default.aspx

5

[12]

Coun

The

el’s r

[a]

Board has appointed counsel to assist the Board where it deems it necessary.

ole may include:

To assist the Board on matters pertaining to legal issues by filing memoranda

or making legal submissions;

[b]

To cross-examine witnesses on contested matters;

[c]

To liaise with legal counsel or representatives of the parties on procedural

matters prior to and during the hearing.

[10] If any person wishes to deviate from any timetable or other requirement identified in

these procedures (applicant, submitters and further submitters) a formal written request to the

Board will be required. Any such request must contain a full explanation of what is sought

and why. All requests will be served on all parties by the EPA. Any such requests are to be

filed by Friday 15 June 2012.

[11] A summary of relevant statutory provisions relating to the inquiry is in Appendix 1.

Counsel and independent planning consultant to assist the Board

s

[13] Counsel’s role should be similar to the role of counsel appointed as friend of the

court.

[14] The Board has appointed an independent planning consultant to assist the Board

where it deems it necessary. The planning consultant’s role may include:

[a] Preparation of planning reports on the New Zealand Kling Salmon Proposal;

[b] Participation at pre-hearing and ‘facilitation’ meetings;

[c] Participation in expert conferencing;

[d] Attendance at the hearing;

[e] Other assistance as the Board may require.

6

Objectives and Principles [15] The objectives of the inquiry are:

[a] To provide an effective and efficient opportunity for the Board to receive and

test the reliability of information relevant to the proposal;

[b] To provide a fair and orderly opportunity for the applicant and all who made

submissions on the proposal and stated that they wished to be heard, to put

their points of view before the Board and provide relevant information for its

consideration.

[16] To achieve these objectives, the following principles should guide the procedures

adopted:

[a] The procedures should be sufficiently formal to be fair to all parties and to

allow the orderly presentation and testing of information, but not so as to

inhibit lay people from taking part effectively;

[b] The procedures should be robust, and should inspire the confidence of the

applicant, submitters and the public;

[c] The Inquiry should explore the issues and should not have the sole character of

an adversarial contest between parties;

[d] The procedures should be efficient in the demands on the time and costs of all

taking part.

Site Visit/s [17] The Board has made one site visit independently between 6 – 8 February 2012 before

making a decision to accept or reject the Plan Change requests. The Board proposes to make

further site visits after discussion with the parties.

7

Pre-Hearing Meetings [18] Under Section 99 of the Act, the Board may, at its discretion or if requested, direct

groups of intending parties to meet prior to the hearing on issues to be put forward at the

hearing. The purpose of such meetings is to enable intending parties to clarify or facilitate

resolution of a relevant matter or issue, and to minimise unnecessary repetition of material at

the hearing.

[19] The Board has arranged facilitation/dispute resolution services to organise and run

pre-hearing meetings. ChanceryGreen has been appointed to facilitate these meetings. Parties

will be contacted to participate in these meetings.

[20] From any such pre-hearing meetings, a report shall be prepared before the hearing

detailing the parties who attended, the issues that were agreed, and the issues that are

outstanding, other than matters in confidence or without prejudice.

Parties with common interest [21] A review of the summary of submissions clearly shows that there are many parties

who have similar concerns and therefore share a common interest, or interests. The Board

urges that parties with a common interest, or interests, combine together in the presentation of

their cases. This increases the efficiency of the hearing process, and is of benefit to all

participants in the hearing.

[22] The Board proposes to direct the facilitators who have been appointed to facilitate the

pre-hearing meetings to assist parties with interest in common to co-operate together in the

presentation of their cases.

Friend of the Submitter [23] The Board has appointed a Friend of the Submitter, Mr Paul Thomas who is a

specialist planning consultant. That person’s job is to assist submitters, who do not have

professional assistance, with matters of process only. The Friend of the Submitter will be

available for consultation on process matters until the end of the hearing.

[24] The Friend of the Submitter will assist submitters with common interests to combine

in the presentation of their cases.

8

Expert Witnesses [25] All expert witnesses are to be bound by the Code of conduct for Expert Witnesses as

contained in the Environment Court’s Practice Note – Expert Witness Code of Conduct.3

[26] Expert witnesses are directed to caucus to endeavour to identify and agree on the

issues and to list those issues on which they disagree. Written statements setting out the key

facts and assumptions, methodology and standards used (or any differences), agreed issues

and those issues in which they are in disagreement, together with the reasons for

disagreement, are to be lodged with the EPA on or before Friday 20 July 2012 Friday 17

August 2012.

[27] All expert caucusing is to be under the direction of Environment Commissioner

Oliver, the facilitator appointed by the Board, who will contact the parties to arrange the

conference meetings.

Pre-Hearing Conference [28] The Board may convene one or more Pre-Hearing Conference/s at a date prior to the

hearing to consider the progress on the evidence preparation, issues and any other matters.

At this time the Board proposes to hold a Pre-Hearing Conference at 10.00am, Friday 27

July 2012 Friday 24 August 2012, at the Civic Theatre Trust Building, Arthur Street,

Blenheim.

Notice of Hearing

[29] Pursuant to Section 149L of the Act, the board gives notice that the hearing of

NZKS’s applications for plan changes and resource consents to establish salmon farms in the

Marlborough Sounds shall commence at 10.00am on Monday 13 August 2012 Monday 27

August 2012 at the Civic Theatre Trust Building, Arthur Street, Blenheim.

[30] The hearing will continue during the following weeks until it is completed or as

further advised by the Board.

3 An expert witness is to comply with the Environment Court Consolidated Practice Note 2011 – Expert Witness

Code of Conduct. These requirements include stating the relevant qualifications of the expert and a duty to the

Court to be independent and not an advocate for the party who engages the witness. The code of conduct is

available from the following website – http://www.justice.govt.nz/courts/environment-court/legislation-and-

resources/practice-notes/expert-witness.html

9

Submitters [31] Submitters are not obliged to attend the hearing. Their submissions will still be read

and considered by the Board. Submitters can provide more detail of their submission (but not

new topics) in writing before the start of the hearing.

[32] Every submitter who wants to speak to their submission (make representation)

without calling evidence may do so without having to pre-circulate the submission again.

Any such submitter must give notice of a wish to be heard by 20 July 2012 Friday 3 August

2012.

[33] Every submitter who wishes to call evidence may do so but must comply with the

witness exchange timetable.

[34] A submitter who is being heard may highlight the main points of the submission, and

of their evidence (if provided), and may respond to submissions made by others. More

extensive written representations may be handed in at the hearing, in which case 20 copies

are to be provided (Note: this refers to representations only – evidence must all be pre-

circulated, and does not need to be handed in at the hearing). How submitters can make

copies of representations can be discussed with the Friend of the Submitter.

[35] Submitters may make their own representations themselves, or they may choose to be

represented by a lawyer or other agent.

[36] Joint presentations (where one person makes a presentation on behalf of several

submitters) are encouraged where the submissions are of a similar nature. Submitters may

also combine to appoint one person to cross-examine witnesses.

Opening Submissions and Applicant’s Evidence Overview [37] An opening submission is a succinct overview of a parties case.

[38] All persons who wish to make opening submissions are to do so at the

commencement of the hearing.

[39] All those who wish to make opening submissions are to give notice to the Board.

Such notice is to be lodged with the EPA before 5.00pm Friday 6 July 2012. The EPA will

serve the notices on all other parties. The opening submissions will be heard in the following

order:

10

[a] The applicant – the applicant shall before the opening present evidence by way

of a statement/joint statement of evidence setting out an overview of the

applications to be then followed by opening submissions;

[b] The submitters who support the proposal; and

[c] The submitters who oppose the proposal. [40] All submissions of more than 5 pages are to be prefaced by a Table of Contents. All

submissions are to be paginated, tabulated and typed on one side.

Reading of evidence by the Board [41] Following opening submissions, the Board will retire to read the evidence lodged. It

is anticipated that this would be completed by Monday 20 August 2012, which means the

hearing will be resumed on Monday 20 August 2012 unless notified by the Board.

(Note: these dates have changed following the Board of Inquiry issuing Minute No. 6 and

Minute No. 7, see Appendix 3 for new dates)

Cross-examination and questioning [42] Cross-examination is to be conducted as follows:

[a] Those parties without legal counsel must seek leave from the Board to cross-

examine expert witnesses. Notice is to be given of which expert witnesses

they wish to cross-examine, the topics to be covered in cross-examination for

each witness, and an estimate of the time likely to be needed for the cross-

examination of each witness.

[b] Those parties with legal counsel must give notice of which expert witnesses

they wish to cross-examine, the topics to be covered in cross-examination for

each witness, and an estimate of the time likely to be needed for the cross-

examination of each witness.

[c] Any party wanting to cross-examine a non-expert witness must seek leave to

do so from the Board. Notice is to be given outlining which non-expert

witness they wish to cross-examine, why they wish to cross-examine that

witness, and what topics they wish to cover in cross-examination. A time

estimate for cross-examination should also be given.

11

[d] Any party wanting to ask questions or points of clarification of lay submitters

must seek leave from the Board to do so. Any questions or points of

clarification permitted will be made through the Chairperson at the hearing.

[e] The Board may ask any question of any submitter, representative, legal

counsel, or witness (expert or non-expert) that it sees fit.

[43] All notices under the previous paragraph are to be lodged with the Board and served

on all parties affected by the notice by 5.00pm Monday 23 July 2012 Friday 17 August

2012. If after 23 July 2012 17 August 2012 a matter arises that a party or representative of a

party considers needs to be addressed by cross examination leave must be sought.

[44] The cross-examination list will be confirmed at the PreHearing Conference. [45] The Board will prepare a hearing schedule identifying the order of appearances and

provisional timeframes. This will be provided in advance to the applicant and the submitters

who wish to be heard, and published on the EPA website. The hearing schedule will contain

dates and times that are a best estimate and will be subject to change as the hearing

progresses. Regular updates of the schedule will be posted on the EPA website.

[46] The Board will hear the cross examination of witnesses by the parties who have given

notice in the following order:

[a] Applicant’s witnesses;

[b] Submitters’ witnesses who support the proposal;

[c] Submitters’ witnesses who oppose the proposal; and

[d] Submitters’ witnesses who are neutral. [47] Any other details of the hearing process, such as whether expert evidence is to be

given by topic, will be addressed at a Pre-Hearing Conference.

Evidence Requirements [48] The Board requires all statements of evidence by witnesses to be provided to all

parties in advance of the hearing. The statements will be lodged with the Board in the format

required in the paragraph below. The applicant shall provide and serve to all parties its

12

evidence first. The Submitters shall then provide their evidence to the EPA, who shall serve it

on all parties. The applicant will then have the opportunity to lodge and serve rebuttal

evidence. The timetable for lodging and circulation of statements of evidence is contained in

Appendix 3 of these procedures.

[49] In order to facilitate an efficient hearing process, the Board directs: [a] 20 copies of all evidence shall be filed with each statement of evidence being

signed by the witness. Where there are a large number of pages evidence shall

be filed in Eastlight folders;

[b]

Evidence shall also be filed electronically;

[c]

All evidence of more than 5 pages is to be prefaced by a Table of Contents;

[d]

All evidence is to be tabulated, paginated and indexed, and all attachments or

exhibits are to be tabulated, paginated and indexed;

[e]

Each witness’s expert evidence is to be paginated and indexed and all

attachments or exhibits are to be tabulated, paginated and indexed;

[f]

All evidence shall be single-sided;

[g]

All coloured exhibits should be provided as colour copies of good quality;

[h]

Expert witnesses shall provide a concise Executive Summary (no more than 5

pages) at the beginning of their evidence; and

[i]

For technical evidence that lends itself to this approach, the applicant’s

witnesses may present to the Board of Inquiry a statement of evidence

providing personal details, an enlarged Executive Summary cross referencing

the reports already submitted with the application document and a specific

response to any points raised by submitters not already addressed in the report.

A copy of any report referred to is to be attached as an Appendix.

[50]

The

statements of evidence will be made publicly available on the Board’s webpage

and will be available for anyone to read at the hearing and at the stated locations.

13

[51] Every witness will need to attend in person (unless leave is granted for a video link)

before the Board, and may make an oath or affirmation that the contents of the evidence is

true and correct, but may not be obliged to read the statement of evidence to the Board.

[52] All people proposing to give evidence before the Board are to keep their evidence as

focussed and brief as possible. Where there is lengthy evidence then an Executive Summary

at the beginning of the evidence is to be provided.

[53] The amount of time required by parties at the substantive hearing for opening their

case, cross-examination of witnesses and the applicant’s closing will be sought, discussed and

confirmed at the Pre-Hearing Conference.

Requirements for copies of representations to the Hearing [54] Copies of any material which has not been pre-circulated before the hearing must be

provided at the hearing, this includes representations by submitters or their lawyers or other

representatives. Twenty copies are to be provided and this will be discussed further at the

Pre-Hearing Conference.

Closing submissions [55] The Board will allow closings in reverse order to the openings.

Te Reo and Tikanga Maori

[56] Section 39(2)(b) of the Act states:

39 Hearings to be public and without unnecessary formality

...

(2) In determining an appropriate procedure for the purposes of subsection (1), the authority shall –

...

(b) recognise tikanga Māori where appropriate, and receive evidence written or spoken in Māori and the Māori Language Act 1987 shall apply accordingly;

[57] Any party, counsel or witness may speak in Te Reo Māori. Notice of intention to use

Te Reo Māori is to be given to the Board by Friday 22 June 2012 so that attendance of an

interpreter can be arranged.

14

[58] If evidence is to be given in Te Reo Māori, that evidence is to be pre-circulated as is

required for all other evidence, and an English translation shall also be pre-circulated.

[59] The Board will consider any requests to sit on marae to hear Maori evidence. Any

such request is to be made by Friday 22 June 2012.

[60] The Board is conscious that in some instances Maori witnesses, in particular kuia and

kaumatua, prefer their evidence to be given orally and not confined to writing. The Board

will consider any such request favourably, subject to the oral evidence being translated and

the English translation being entered into the transcript. If other parties so wish, more time

will be allowed for further cross-examination.

Video Conferencing [61] Any party may, with leave of the Board, request that evidence be given via video link.

If leave is granted, that party will confer with EPA staff to make the necessary arrangements.

[62] Any such application is to be made at least 10 working days prior to the hearing,

being by Thursday 26 July 2012. The application is to state the name and location of the

witness and the reasons why they cannot attend in person.

[63] Any request for expert witnesses to engage in caucusing via video link shall be made

to Environment Commissioner Oliver, through the EPA Project Leader, Jenny Clafferty.

Identified contested issues [64] NZKS is to lodge with the Board, and serve on the other parties on or before Friday

20 July 2012 Friday 17 August 2012, a Memorandum listing the contested issues. [65] If any party has any other contested issue, not identified in King Salmon’s

memorandum, they are to file and serve a memorandum outlining any other contested issue

by Thursday 26 July 2012 Wednesday 22 August 2012. If after this date, any new issues

may only be raised with leave of the Board.

Role of EPA staff [66] The EPA Project Leader will make the necessary arrangements for the hearing on

behalf of the Board, and will attend the hearing to assist the Board in the administration and

15

conduct of the hearing. The EPA Project Leader can be contacted by email

kingsalmon@epa.govt.nz or by freephone 0800 722 667.

[67] The Board may seek technical or other advice, and may require reports or information

to be provided to it. The EPA Project Leader will arrange for preparation of those reports.

They may be prepared by the EPA, or by consultants engaged by the EPA, or obtained from

other persons or agencies. Any report or advice considered by the Board will be published on

the Board’s webpage and its availability notified to all parties.

Media participation [68] The hearing will be in public and representatives of the media are free to attend and

report the proceedings. However, any recording of the hearing by any party or use of

cameras, video-recorders and audio recorders by the media in the hearing requires prior

consent from the Chairperson of the Board.

[69] The Board has adopted the Environment Court media coverage guidelines. Available

here on the Ministry of Justice website – http://www.justice.govt.nz/courts/environment-

court/legislation-and-resources/media.html.

[70] Interviews are not allowed in the hearing room. Board members will not be available

for media interview. EPA staff will be available to provide process information to the media.

Written record [71] Under Section 149L(4)(a) of the Act, the Board will have the proceedings at the

hearing recorded, and the recording transcribed. This is primarily for the Board’s

deliberations; however the transcripts will also be made available on the Board’s website.

[72] The record of the hearing proceedings will include:

[a] A summary record of proceedings including a list of the submitters who are

heard, and witnesses they call, and a list of all documents submitted to the

hearing;

[b] A reference set of all documents presented to the hearing; and

[c] Transcripts of the hearing.

16

Decision [73] As soon as practicable after the Board has completed the inquiry, it will prepare a

draft decision and produce a draft written report (in accordance with Section 149Q of the

Act).

[74] The EPA must:

[a] Send a copy of the draft report to all parties (Section 149Q(3) of the Act);

[b] Invite the parties identified in Section 149Q(3) of the Act to send comment on

minor or technical aspects of the report to the Board within 20 working days

(Section 149Q(4) of the Act).

[75] As soon as practicable after the 20 working days referred to in Section 149Q(4) of the

Act, the Board will consider any comments received, make its decision, and produce a final

report (Sections 149R(1), (2), (3), (4) and (5) of the Act).

Judge Whiting

Chairperson

17

Appendix 1

SUMMARY OF STATUTORY PROVISIONS RELATING TO INQUIRY

The following is a summary of the statutory provisions relating to the conduct of a hearing by

the New Zealand King Salmon Proposal Board of Inquiry.

Note: Figures in brackets refer to sections of the Resource Management Act 1991

1. Section 149L of the Resource Management Act prescribes the conduct of the

inquiry to be followed by a Board appointed under section 149J.

2. Section 149L(1) confers on the Board of Inquiry the powers, rights, and

discretions of a consent authority under ss 92 to 92B, and ss 99 to 100.

3. Reports commissioned or further information requested under section 92 are to

be available at least 10 working days before the hearing commences [s 92(3A)].

4. The Board must give at least 10 working days notice of the commencement date,

time and place of the inquiry to the applicant and all submitters that wish to be

heard [s149L(2)(b)]. The inquiry must be held at a place near to the area to which

the matter relates [s149L(3)]. The Board may permit questioning and cross

examination and must keep a full record of its hearings [s149L(4)].

5. Sections 39 to 41C of the RMA set out the Board’s general powers and duties in

relation to hearings [s 39(1)].

6. Section 42, which relates to the protection of sensitive information, applies as if

the Board of Inquiry was a local authority [s 42(6)(b)(i)].

7. The hearing is to be held in public, unless it is necessary to exclude the public for

the protection of sensitive information [s 39(1) and s 42]. The Board is to

establish a procedure that is appropriate and fair in the circumstances that avoids

unnecessary formality, and recognises tikanga Māori and Māori language [s

39(2)].

The applicant and any person who made a submission may speak at the hearing

(personally or through a representative), and call evidence [s 40(1)]. The Board

can limit repetition, and if someone does not attend the Board can still proceed

with the hearing if it considers it is fair and reasonable to do so [s 40(2) and (3)].

18

8. Certain provisions of the Commissions of Inquiry Act 1908 apply to board of

inquiry hearings, including powers to maintain order and summons witnesses,

and relating to evidence [RMA s 41(1)].

9. After considering whether it is appropriate given the scale and significance of the

hearing, the Board may give directions to provide evidence within time limits

[RMA s 41B], and give further directions or make information requests before or

during the hearing [RMA s 41C].

10. Section 149P applies to the Board’s consideration of the matters.

11. When considering a plan change request and its concurrent application, it must

first determine matters in relation to the plan change request [s 149P(8)(a)].

12. When the Board of Inquiry is considering a change to a regional plan it must

apply clause 10(1) to (3) of Schedule 1 as if it were a local authority, and sections

66 to 70B and 77A to 77D as if it were a regional council [s 149P(6)(a) and (c)]. It

may also exercise the powers under s 293 as if it were the Environment Court [s

149P(6)(b)].

13. Based on its determination of matters in relation to the plan change request, the

Board must then determine matters in relation to the concurrent application [s

149P(8)(b)]. The Board must process, consider, and determine the concurrent

application as if it were a regional council acting under s 165ZW, which applies

with all necessary modifications [s149P(9)].

14. When the Board of Inquiry is considering an application for a resource consent it

must apply ss 104 to 112 and 138A as if it were a consent authority [s 149P(2)].

15. As soon as practicable after the Board has completed the hearing it has to make

a draft decision and produce a draft written report [s 149Q]. The draft decision is

to include the matters listed in s 149Q(2) and be sent to the parties listed in s

149Q(3).

16. The parties that have received the draft report will have 20 working days to send

their comments on minor or technical aspects of it to the Board [s 149Q(4)]. As

soon as practicable after the 20 working days the Board must make its decision

and produce a final report. This report will be made public [s 149R].

19

Appendix 2

NEW ZEALAND KING SALMON BOARD OF INQUIRY PROCEDURES This document outlines the procedures of the Board of Inquiry (Board) for the New Zealand

King Salmon (NZKS) proposal.

Board Meetings (other than hearings and deliberations)

1. A quorum for a Board meeting will be three members.

2. The Board will meet on occasions decided by the Board. Any Board member may call

a meeting of the Board if they see fit to do so. This will be initiated by advising the

Chairperson.

3. Each Board meeting will have an agenda that will be pre-circulated to members (and

relevant support staff), three days prior to the meeting where possible.

4. Board meetings will be held in person where possible, or by teleconference. The

meeting location will be advised by support staff prior to the meeting.

5. Board meetings (other than hearings or other public forums as decided by the Board)

will not be open to the public.

6. Minutes will be kept of all meetings and will be circulated to the Board in draft by email

with one week available for comment (otherwise assumed confirmed). The minutes

will record:

The time and place of the meeting, and the persons present

The reports and other documents referred to or tabled at the meeting

Any conflicts of interest that are declared at the meeting

Identification of key matters discussed

All decisions of the Board

7. The minutes will be made publicly available on the EPA’s website.

8. The minutes will not provide a comprehensive record of the various contributions to

discussions at the meetings.

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9. Decision-making will be by consensus as far as possible. All members of the Board

will have a deliberative vote, and in case of equality of votes, the Chairperson shall

also have a casting vote.

Servicing the Board

10. The EPA will provide support and processing systems to support the Board.

11. At the request of the Board, the EPA will arrange for work to be done for the Board and

for information to be supplied to the Board. The EPA will provide secretarial services

to the Board (such as preparing agendas, taking minutes, and organising meetings

and the hearing) and will provide any advice to the Board that it may require.

12. The EPA Project Leader can be contacted to discuss any of the matters outlined

above. Her contact details are as follows:

Jenny Clafferty

Phone: (04) 916 2426

Mobile: 021 549 370

Email: jenny.clafferty@epa.govt.nz

Conflicts of Interest

13. If any member has a conflict of interest in respect of any matter being considered by

the Board at any meeting, that member should declare that conflict to the relevant

meeting, and not take part in discussion or decision-making on that matter. Such

conflicts must be recorded in the meeting minutes.

Committees and Delegations

14. The Board may delegate functions to be carried out on its behalf. Any such

delegations must be recorded in the Board minutes and any functions undertaken

under such delegation must be reported to the Board as soon as is practicable.

Public Dealings

15. The Board will act collegially, and members should not engage with interested parties,

media etc. independently without a mandate from the Board, especially about anything

that may be construed as expressing an opinion on, or receiving representations on

issues the Board will be considering. The Chairperson will be spokesperson for the

Board, unless the Chairperson of the Board determines that another member will

perform that role in any instance.

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16. Board meetings will not be open to the public and media.

Hearing Procedures

17. Hearing procedures will be considered separately.

NZKS Board of Inquiry

17 December 2011

Appendix 3

Pre-hearing actions Date

Public notification 31 March 2012

Close of further submissions 1 June 2012

Facilitators meetings are to be arranged by the Facilitators as soon as

possible

June - July 2012

AECOM Planning report – 1st draft provided to the EPA 15 June 2012

Notice of intention to use Te Reo Maori and request to sit on marae 22 June 2012

King Salmon’s evidence-in-chief exchanged 22 June 2012

Submitters to confirm they wish to make opening submission 6 July 2012

Submitters to confirm whether they wish to be heard 20 July 2012 3 August 2012

Submitter evidence to be filed with the EPA 20 July 2012 10 August 2012

Witness caucusing statements available 20 July 2012 17 August 2012

Identified contested issues from NZKS 20 July 2012 17 August 2012

Notice to Board of wish to cross examine a witness 23 July 2012 17 August 2012

Any other contested issues from any party 26 July 2012 22 August 2012

Pre-hearing conference 27 July 2012 24 August 2012

King Salmon’s rebuttal evidence exchanged 3 August 2012 22 August 2012

AECOM Planning report – final provided to the EPA 8 August 2012 27 August 2012

Hearing to commence on 13 August 2012 27 August 2012