CITY PLAN HEARINGS COMMITTEE

21 DECEMBER 1995

A meeting of the City Plan Hearings Committee

was held on Thursday 21 December 1995 at 12.00 noon

PRESENT: Councillor Charles Manning (Chairman),

Councillors David Buist, David Close,

David Cox, Newton Dodge and Margaret Murray.

APOLOGIES: Councillor David Buist and Margaret Murray

arrived at 12.10 p.m.

The Committee reports that: PART B - ITEMS DEALT WITH BY THE COMMITTEE AND REPORTED

FOR INFORMATION ONLY

1. LATE SUBMISSIONS ON CITY PLAN

The Committee considered the following report:

Officer responsible                    Author                        
Environmental Services Manager         R C Nixon                     
Annual Plan Output: City Plan Submissions                               

The purpose of this report is to request that the Committee, pursuant to Section 37(2) of the Resource Management Act 1991, waive non-compliance by submitters with the closing date for submissions of 4.00 p.m. on 30 November 1995, in respect of those submissions received on Thursday 30 November after 4.00 p.m., and those received on Friday 1 December 1995.

Submissions on the City Plan closed at 4.00 p.m. on Thursday 30 November 1995. The matter of late submissions was discussed at the first meeting of the Committee on Friday 15 December, and staff were asked to prepare a report and recommendation.

A list of late submissions is attached (buff paper). This reveals that 65 submissions were received after 4.00 p.m. on 30 November; a further 59 on Friday 31 November; 17 on Monday 4 December; and 51 subsequently (up to 18 December).

A reasonable case can be made to accept submissions received after 4.00 p.m. on 30 November and on 1 December. Delays in lodging submissions occurred for a variety of reasons, including overloading of fax machines (despite special arrangements by staff) and delays through the mail. In addition a number of submitters were under the impression that submissions closed at the end of the working day on 30 November (and indeed may have been advised so in several instances).

1 Cont'd Unlike the case with resource consents, no prejudice is likely to occur to any party as a result of accepting submissions received up to a day after the closing of submissions. However most parties managed to comply with the closing date, and it is not unreasonable to exclude submissions received after Friday 1 December, from this recommendation. Those submitters whose submissions were received after Friday 1 December, should be given the opportunity to apply for a waiver in the new year, and they would then be considered on a case by case basis.

At its meeting on 13 December 1995 the Council granted the Committee delegated power to resolve this issue. The Committee resolved pursuant to section 37(2) of the Resource Management Act 1991, to waive non-compliance by the relevant submitters with the closing date for submissions of 4.00 p.m. on 30 November 1995, in respect of those submissions received on Thursday 30 November after 4.00 p.m., and those received on Friday 1 December 1995.

The meeting concluded at 12.20 p.m. CONSIDERED THIS 28TH DAY OF FEBRUARY 1996

MAYOR

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