Powers and Duties in Relation to Hearings

   39. Hearings to be public and without unnecessary formality---(1)
 Where a local authority, a consent authority, or a person given
 authority to conduct hearings under any of sections 33, 34, 117, 146, or
 202, holds a hearing in relation to---
   (a) A proposed policy statement, plan, or change to a policy statement
         or plan; or
   (b) An application for a resource consent; or
   (c) An application for a review of a resource consent; or
   (d) An application to change any condition of a resource consent; or
   (e) An application that has been called-in; or
   (f) A requirement for a designation or heritage order; or
   (g) An application for a water conservation order,---

 the authority shall hold the hearing in public (unless permitted to do
 otherwise by section 42 (which relates to the protection of sensitive
 information) or the Local Government Official Information and Meetings
 Act 1987), and shall establish a procedure that is appropriate and fair
 in the circumstances.

   (2) In determining an appropriate procedure for the purposes of
 subsection (1), the authority shall---
   (a) Avoid unnecessary formality; and
   (b) Recognise tikanga Maori where appropriate, and receive evidence
         written or spoken in Maori and the Maori Language Act 1987 shall
         apply accordingly; and
   (c) Not permit any person other than the chairperson or other member
         of the hearing body to question any party or witness; and
   (d) Not permit cross-examination.