Daily proceedings and transcripts
Please note that the hearing proceedings and transcripts will
be available once the transcript has been received and checked against
the proceeding. Please note that daily transcripts are provided here as
they are provided to the EPA. The transcripts may contain errors or
sections that were not recorded and may therefore have some omissions.
Hearing schedule
Updated
Hearing Schedule – Day 13, 20 May 2011 & week 4, 24 – 28 May
2011 (pdf, 333 kb)
Updated
Hearing Schedule - Day 12 & 13, 19 & 20 May 2011
(pdf, 259 kb)
Updated
Hearing Schedule - Day 11, 18 May 2011 (pdf, 224 kb)
Updated
Hearing Schedule - Day 10, 17 May 2011 (pdf, 247 kb)
Updated
Hearing Schedule - Day 9, 16 May 2011 (pdf, 244 kb)
Updated
Hearing Schedule - Day 8, 13 May 2011 (pdf, 251 kb)
Updated
Hearing Schedule - Day 7, 12 May 2011 (pdf, 218 kb)
Updated
Hearing Schedule - Day 6, 11 May 2011 (pdf, 252 kb)
Updated
Hearing Schedule - Day 5, 10 May 2011 (pdf, 299 kb)
Updated
Hearing Schedule - Day 4, 9 May 2011 (pdf, 276 kb)
Updated
Hearing Schedule - Day 3, 6 May 2011 (pdf, 232 kb)
Updated
Hearing Schedule (as of 4 May 2011) - Day 2, 5 May 2011 (pdf,
231 kb)
Updated
Hearing Schedule - Day 1, 2 May 2011 (pdf, 241 kb)
Full
Hearing Schedule - as of 5 May (pdf, 412 kb)
Please note the hearing schedule is indicative only and
subject to change. Monday 2 May 2011 will be opening statements by all
parties, starting with Corrections as the applicant, and then followed
by all submitters. Tuesday 3 May and Wednesday 4 May 2011 are
non-sitting days. The hearing will resume on Thursday 5 May
2011 at 9am with Corrections witnesses.
If there are any questions regarding this schedule, please
contact the EPA by calling 0800 382 527.
Information requested by the Board on the final hearing day
On hearing day 17, 22 June 2011, the Chairperson closed the
hearing subject to the receipt of submissions from Colleen Brown on the
composition of the SIAG as requested during the hearing, and the reply
to these submissions on behalf of the Minister of Corrections, to be
received by 28 June 2011.
Memorandum
on behalf of the Minister of Corrections in reply to Colleen Brown's
submissions on the proposed SIAG composition, 28 June 2011
(pdf, 286 kb)
Submissions
from Colleen Brown on the proposed SIAG composition, 27 June 2011
(pdf, 81 kb)
Information
received
during the hearing adjournment
The hearing was adjourned on 26 May 2011, to be re-convened at
a later date.
The hearing is now scheduled to re-convene at 9am on 22 June
2011, in the Carter Holt Harvey room, Telstra Clear Pacific Events
Centre at Manukau. Any parties who wish to express their views on the
revised social impact conditions proposed by the Department of
Corrections are welcome to attend the re-convened hearing.
The revised social impact conditions are expected to be
available early in the week beginning 6 June and will be circulated to
all parties as soon as possible.
The Minister for the Environment granted the Minister of
Corrections' request to an extension of the nine month statutory period
in which a final decision is required.
Request
to an extension of the nine month statutory period granted (30 May 2011)
(pdf, 51 kb).
The hearing was adjourned on 26 May 2011 and is tentatively
scheduled to reconvene at 9am on 9 June 2011 at the TelstraClear
Pacific Events Centre in Manukau.
Any parties who wish to express their views on the social
impact conditions being proposed by Corrections, and which are yet to
be finalized, are welcome to attend the re-convened hearing.
Confirmation of the re-convened hearing will be provided in due course.
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Memoranda received
during the hearing
The following memoranda were received during the hearing:
Memorandum
of Independent Legal Advisor on application for time extension on
behalf of the Minister of Corrections (24 May 2011) (pdf, 798
kb)
Te
Kawerau Iwi Tribal Authority – response to further application by Te
Akitai Waiohua for leave to obtain discovery/inspection/production of
documents (24 May 2011) (pdf, 290 kb)
Case
Decision no. [2011] NZEnvC 77 (pdf, 1.26 mb)
HIGH IMPORTANCE: An
Application for time extension on behalf of the Minister of
Corrections, was filed by the Department of Corrections (pdf,
1 mb) at the hearing this morning, 24 May 2011.
The Board has directed that this matter will be dealt with at
9am
tomorrow morning, hearing day 15, Wednesday 25 May 2011.
The Board has directed that if any parties want to be heard on
the
application for time extension they should be prepared to do so
tomorrow morning. The application for time extension relates to the
further development of proposed conditions regarding social effects.
Te
Akitai Waiohua – Further Application for leave to obtain
discovery/inspection/production of documents (23 May 2011)
(pdf, 94 kb)
Memorandum
of Independent Legal Advisor on Statement of Issues (16 May 2011)
(pdf, 175 kb)
Notice
of Opposition by Te Kawerau Iwi Tribal Authority Inc for orders for
discovery and production of documents by Te Akitai Waiohua (10 May 2011)
(pdf, 238 kb)
Case
Decision no. [2011] NZEnvC 59 (pdf, 250 kb)
This is a response to the Notice
of Motion filed for discovery of documents by Te Akitai Waiohua (2 May
2011) (pdf, 1.09 mb). This document is also linked to from
the Day 1 Hearing Proceedings.
The Board issued a minute and directions in relation to these
notices and can be viewed in the Minute and Directions of the Board
section below.
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Hearing information
The Board of Inquiry for the Men's Prison at Wiri Proposal
gives notice under section 149L(2)(b) of the Resource Management Act
1991 that it will hear the application and submissions for the notice
of requirement for alterations to a designation lodged by the Minister
of Corrections for the Men's Prison at Wiri Proposal, EPA
10/4.001.
Notice
(pdf, 74 kb)
Driving
directions to hearing venue (pdf, 39 kb)
Hearing
venue and parking location (pdf, 93 kb)
Pre-hearing conference
Topics
that were covered at the Pre-hearing Conference that took place at the
Wiri Community Hall at 10am, 13 April 2011.
Topics
to be
covered at the Pre-hearing Conference (pdf, 255 kb)
Minute
and directions of the Board
May 2011
Application
for time extension on behalf of the Minister of Corrections
The Board has issued a Minute
and Directions in relation to the application for time extension on
behalf of the Minister of Corrections
Board
minute and direction: Application for time extension on behalf of the
Minister of Corrections (25 May 2011) (pdf, 623 kb)
Notice of Motion for
discovery of documents by Te Akitai Waiohua
The Board has issued a Minute and Directions in relation to
the notice of motion for discovery of documents by Te Akitai Waiohua
Board
minute: Notice of motion for discovery of documents by Te Akitai
Waiohua (13
May 2011) (pdf, 333 kb)
Leave
for parties to cross-examine witnesses
The Board has issued a Minute and Directions in relation to
the further notices and leave for parties to cross-examine witnesses
Board
minute: Notices and leave for parties to cross-examine witnesses (12
May 2011) (pdf, 941 kb)
April 2011
Notices and leave for
parties to cross-examine witnesses and lay witnesses
The Board has issued a Minute and Directions in relation to
the notices and leave for parties to cross-examine witnesses and lay
submitters
Board
minute: Notices and leave for parties to cross-examine witnesses and
lay submitters (27 April 2011) (pdf, 2.41 Mb)
Request to file late
evidence by Te Akitai Waiohua
The Board has issued a Minute and Directions in relation to
the request to file late evidence by Te Akitai Waiohua
Board
minute: Request to file late evidence by Te Akitai Waiohua (21 April
2011)
(pdf, 185 kb)
Pre-hearing Conference
The Board has issued a Minute and Directions in relation to
the Pre-hearing Conference that was held on 13 April 2011
Board
minute: Pre-hearing Conference held on 13 April 2011 (18 April 2011)
(pdf, 1.59 mb)
Expert conferencing
extension request
The Board has issued a Minute and Directions in relation to
the request by the Minister of Corrections for an extension of time for
expert conferencing of social witnesses
Board
minute: Request by Minister of Corrections for extension of time for
expert conferencing of social witnesses (6 April 2011) (pdf,
148 kb)
Concerning
the public release of correspondence to and from the Board
The Board has issued a Minute and Directions concerning the
public release of correspondence to and from the Boar
d
Board
minute: Public release of correspondence to and from the Board (1 April
2011)
(pdf, 121 kb)
March 2011
Expert witness invited to
conference
The Board has issued a Minute and Directions in relation to
expert witnesses invited to conference
Board
minute and direction: Expert witnesses invited to conference (30 March
2011) (pdf, 420 kb)
Inquiry
procedures
The Board has issued a Minute and Directions in relation to
inquiry procedures for this Board of Inquiry
Board
minute and direction: Inquiry procedures (25 March 2011)
(pdf, 387 kb)
Expert Conferencing
The Board has issued a Minute and Directions in relation to
expert conferencing
Board
minute and direction: Expert conferencing (25 March 2011)
(pdf, 58 kb)
The Board has issued a
Minute and Directions in relation to Corrections' request for early
discussions with s42A social impact assessment report author
Board
minute and direction: Corrections' request for early discussions with
s42A social impact assessment report author (23 March 2011)
(pdf, 50 kb)
Evidence
The Board has issued a Minute and Directions in relation to a
request by Vision Manukau for Extension to deadline for lodging
evidence
Board
minute and direction: Request by Vision Manukau for extension to
deadline for lodging evidence (23 March 2011) (pdf, 80 kb)
The Board has issued a Minute and Directions in relation to a
request by the Minister of Corrections for extension to deadline for
lodging rebuttal evidence
Board
minute and direction: Request by Minister of Corrections for extension
to deadline for lodging rebuttal evidence (21 March 2011)
(pdf, 200 kb)
Expert
Conferencing and Cross Examination
The Board has issued a Minute and Directions in relation to
expert conferencing and cross examination requesting that parties
respond to the EPA about their intentions by 18 March 2011.
Board
minute and direction: Request parties respond to EPA about their
intentions for expert conferencing and cross examination (9 March 2011)
(pdf, 234 kb)
February 2011
Applicant
and submitter - requested site visits
The Board has issued a Minute and Directions in relation to the Board's
request that the applicant and submitters advise the EPA of any
locations relevant to the Men's Prison Proposal that they would like
the Board to visit.
Board
minute and direction: Requested site visit locations from applicant and
submitters (17 February 2011) (pdf 1.85 mb)
January 2011
Submitter evidence exchange
direction
The Board has issued a Minute and Directions in relation to
submitter evidence exchange.
Board
minute and direction: Submitter evidence exchange (21 January 2011)
(pdf, 155 kb)
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Pre-hearing and hearing venues
Venues for the following events have been booked and are as
follows:
| Expert witness
conferencing |
6, 7 & 8
April 2011 & 18 – 19 April 2011 |
Silver Oaks Inn in Manukau (477 Great South Road,
Manukau)
|
| Pre-hearing
Conference |
10am Wednesday 13
April 2011 |
Wiri Community
Hall, 11 Inverell Avenue, Wiri |
| Hearing commences |
Monday 2 May 2011 |
Telstr |
aClear
Pacific, 770 Great South Road, Manukau |
Please note that the EPA has secured free parking for hearing
participants at the TelstraClear Pacific for the duration of the
hearing. Roadside parking is available for the Pre-hearing
Conference.
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Evidence
Exchange timetable
The Board has now confirmed the evidence exchange timetable:
| Public notification
|
20 November 2010 |
| Close of
submissions |
17 December 2010 |
| Corrections'
evidence in chief exchanged |
Thursday 27 Jan 2011 |
| Corrections'
evidence available on website |
Monday 31 Jan 2011 |
| Submitter evidence
exchanged |
Friday 11 Mar 2011 |
| Submitter's
evidence available on website |
Tuesday 15 March 2011 |
| Parties advise EPA
about Expert Conferencing |
Friday 18 March2011 |
| Parties lodge with
EPA, notices of cross-examination
and leave to cross-examine |
Friday 18 March 2011 |
| Corrections'
rebuttal evidence exchanged |
Tuesday 29 March 2011 |
| Corrections'
rebuttal evidence on website |
Thursday 31 March
2011 |
| Pre-hearing
sessions including caucusing |
6, 7 & 8
April 2011 &
18 – 19 April 2011 if required |
| Pre-hearing
Conference |
Wednesday 13 April
2011 |
| Hearing commences |
Monday 2 May 2011 |
| Hearing completed
(indicative length of hearing) |
Friday 3 June 2011 |
Evidence
Exchange instructions
Meanings of terms
- When used in these instructions, these words are
intended to have the meanings given:
Submission
– a submission on the
proposal provided to the Board by the EPA.
Submitter –
a person who made a
submission.
Party
- the applicant and all
submitters who have indicated a wish to be heard at the hearing.
Witness
– a person who gives
evidence to the Board.
Evidence
- evidence (expert or
non-expert) is 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.
Expert Evidence
– An expert
witness will be expected by the Board to comply with the Environment
Court Consolidated Practice Note 2006 – 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
Non-expert
Evidence – Non-expert
evidence therefore 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'.
Representations
– In addition to
the above submitters or their lawyers or other representatives may also
commence their presentation for the Board by making a representation
(or what are often called "submissions" - essentially advocacy of their
position).
Evidence Requirements
- The Board will require 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 and circulated
sequentially, with the applicant providing its evidence first.
All evidence to be provided by submitters, including
witnesses to be called by submitters, will then be circulated in a
manner to be advised to submitters by the Board in January 2011. The
applicant will then have the opportunity to lodge rebuttal evidence.
The timetable for lodging and circulation of statements of evidence is
above.
- The Board will review the pre-hearing and hearing
timetable in late January when the number of submitters to be heard is
known.
- In order to facilitate an efficient Hearing process, the
Board directs:
- All expert
evidence shall be filed in Eastlight folders and also electronically;
- Expert evidence is to be
tabulated and indexed;
- Each witness's expert
evidence is to be paginated and indexed and all attachments or exhibits
are to be tabulated, paginated and indexed;
- All Evidence shall be single-sided;
- All coloured exhibits should be provided as colour copies
of good quality;
- Where possible all evidence shall be served
electronically on parties*;
- Expert witnesses shall
provide an executive summary at the beginning of their evidence;
- For technical evidence that lends itself to this
approach, the applicant's witnesses are to present to the Board of
Inquiry a brief 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.
* Parties who have
indicated a wish to be served electronically shall be sent an email or
a CD or DVD (for larger files). If another electronic method
is proposed (e.g. use of a website or other electronic means) please
contact the EPA Project Leader. Those that
have indicated a preference not to be served electronically shall
receive a hard copy in the mail.
- For the evidence to be filed with the Board, 8 copies are
to be provided, each statement being signed by the witness who is to
give that evidence. An electronic copy of each statement is
also to be provided.
- The statements of evidence will be made publicly
available on the Board's webpage within 2 working days of being
received by the Board and will be available for anyone to read at the
hearing.
- Every witness will need to attend in person 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.
- All people proposing to give evidence before the Board
are to keep their evidence as focused and brief as possible.
Where there is lengthy evidence then an executive summary at the
beginning of the evidence is to be provided.
This will be the place to check for:
- hearing procedures
- the schedule of hearing dates
- transcripts of hearings
- evidence presented at hearings
- minutes and directions of the Board