About submissions
What is a submission?
A submission is the way ERMA New Zealand can take into account
any views, comments or concerns about an application.
Submissions are a valuable means of contributing to decision-making
through raising issues, providing information and contributing a
variety of perspectives.
Submissions can:
- support the application;
- oppose the application; and
- support parts of the application and oppose other parts.
Who can make a submission?
Any member of the public may make a submission on a publicly notified application. All publicly notified applications will have advertisements placed in the public notices section of the major newspapers, as well as notification emails or letters being sent to members of the public who are on our interested party mailing lists. Please contact us on submissions@ermanz.govt.nz if you wish to be added to one of these mailing lists.
How much time do you have?
You have 30 working days after the application is publicly notified to make your submission. The closing date for submissions will be included in the newspaper advertisement, in our notification letter and available on our website http://www.ermanz.govt.nz/consultations/.
It's important to get your submission to ERMA New Zealand on time, as submissions are not accepted after the closing date.
Before you lodge your submission
We urge you to view the application summary of the specific application before making your submission. You can see a relevant application documents on our website or at the ERMA New Zealand office.
Making a joint submission
If others feel the same way as you about the application, you should consider making a joint submission (eg, by forming a community group and appointing a spokesperson). One joint submission has the same weight as if all the individuals made their own submissions. Make sure you clearly identify the contact person for the submission.
Preparing a submission
You can either use our submission form [Word - 98kb or PDF-65kb] or write your own submission.
You may request to keep your contact details confidential. Keeping your contact details confidential means that your name will appear in our Evaluation and Review report as a submitter but your contact details will not be available to other submitters or the applicant. This means that you will not receive any additional information that is circulated by submitters and the applicant prior to the hearing. However, the additional information will be available for you to view on the day of the hearing.
Your submission must be in writing and clearly state:
- the submitter's name and contact details (such as postal address, email or telephone number);
- application number the submission is for;
- your reasons for making the submission;
- whether you support or oppose the application or wish to make a neutral submission;
- the decision you want ERMA New Zealand to make as a result of your submission;
- whether you wish to speak in support of your submission at any hearing that may be held; and
- whether you want your contact details to remain confidential.
Guidelines for writing an effective submission
While there is no set format for a submission, you should aim to present your submission in a way that is both ordered and easy to read.
- explain your reasons for supporting or opposing the application, so ERMA New Zealand can understand and take account of your views;
- be specific about how the proposal affects you and/or the environment and suggest how the effects could be managed, minimised or avoided;
- deal with the facts and provide examples, where appropriate; and
- make sure your concerns or views relate to the application - ERMA New Zealand can only consider the effects associated with the application and not effects or matters that do not relate to the HSNO Act.
Lodging your submission
You can lodge your submission with ERMA New Zealand in person, by post, email or by using our online submission form.
What happens to your submission?
We will confirm that your submission has been received and notify you if we require further information before accepting your submission. The issues raised in submissions will be included in our Evaluation and Review report, which will be presented to the decision-making committee. Once received your submission becomes a public document and may be made publicly available to anyone who requests it.
Pre-hearing meetings and Huis
We may arrange a pre-hearing meeting so that submitters and the applicant can talk about and clarify issues in the application. These meetings are held soon after submissions close. The issues raised in submissions can sometimes be resolved at a pre-hearing meeting, avoiding the need for a formal hearing.
When is a hearing required?
A hearing is the formal meeting where a decision-making committee considers and decides on applications. It takes place if one or more of the submitters (or the applicant) asks to be heard, or if the Authority thinks it is necessary.
The decision-making committee is usually made up of three ERMA New Zealand Authority members. A hearing must take place within 30 working days of submissions closing, unless the time limit has been formally extended by ERMA New Zealand or the applicant.
Before the hearing
We will give you, all other submitters and the applicant, at least 10 working days notice of the hearing date, time and place and forward you the Evaluation and Review report. The Evaluation and Review report is prepared by ERMA New Zealand staff for the decision-making committee. It brings together a summary of submissions and any other new information received since the original application, and may contain recommendations. Nevertheless, the Authority will ultimately base its decision on all the information put before it, including information presented at the hearing.
At the hearing
All hearings are open to the public, including the media (unless it is necessary to protect sensitive information). However, the only people who can speak are the applicant, submitters who stated in their submission that they wished to be heard, ERMA New Zealand staff, Ngā Kaihautū Tikanga Taiao (our Maori advisory committee), and the decision-making committee members. The purpose of the hearing is for the Authority to gain further information from the applicant and submitters. It is not for applicant and submitters to question each other, although the Chair may permit questions of clarification at her or his discretion on the day.
After the hearing
A written decision will be forwarded to all submitters and be available on our website within 30 working days after the hearing is closed (unless the timeframe has been extended).
What if you don't agree with the decision?
Under section 126 of the HSNO Act any party to an application, including submitters, may appeal against the Authority's decision to the High Court, on a question of law.
Submission on a notified application
To: ERMA New Zealand
PO Box 131
Wellington 6140
Email
submissions@ermanz.govt.nz