Once the appeal form and filing fee have been received by the court, the court will schedule a conference.
How will I find out about the conference?
When will the conference be held?
Where will the conference be held?
How long does a conference take?
What do I need to do to prepare for a conference?
What do I need to take to a conference?
What will happen at the conference?
What is the procedure in the conference?
Is what is said at the conference recorded?
What happens if an agreement is reached?
What happens if an agreement is not reached?
What happens if the matter is going to go on to a hearing?
A conference is an opportunity for the ‘parties’ (the person who lodged the appeal, the authority whose decision was appealed against and anyone who has been joined as a party) to get together in a round table discussion to see if you can resolve your differences.
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How will I find out about the conference?
The court sends all parties (and all people entitled to apply to ‘join’ the appeal) a notice giving the time, date and location of the conference.
When will the conference be held?
The conference usually happens three to four weeks after the appeal is lodged. Country conferences can take a little longer to organise. They are usually held four to five weeks after the appeal is lodged.
Where will the conference be held?
The conference will usually be held in a conference room on the 5th level of the Sir Samuel Way Building, Victoria Square.
Where it is more convenient, the conference may be held in a country town - usually in the court house, council chambers or town hall of the town closest to the subject of the dispute. Conferences may also be held by telephone hook up.
The court decides where and how a conference is held, but if you think a country conference or a telephone hook up might be more convenient in your case please contact the court and make a request.
You must attend the conference or have someone attend it on your behalf. If you don’t your appeal may be dismissed or ‘struck out’.
It is preferable that you attend in person so that you can fully participate in the discussions.
You may choose to be represented by a lawyer or other professional representative. (see FAQ: Do I need a lawyer to represent me?) You may also bring:
The authority against whose decision you are appealing (and any other parties) will also send a representative (or perhaps more than one representative). They are also entitled to bring a lawyer and other people (eg. experts)
The conference will be run by either a commissioner or judge. The commissioner’s or judge’s secretary will also attend the conference.
How long does a conference take?
A conference usually takes about one to one and a half hours. It can be much shorter, particularly if it becomes clear that no agreement is possible.
What do I need to do to prepare for a conference?
You can expect that laws that are relevant to your dispute will be discussed at the conference. It is sensible to be prepared. For example, you may want to look at the law (or legislation) that is relevant to your appeal. You also need to look at other material that is relevant to your dispute. For example, you should also look at the relevant Development Plan and be ready to talk about how it affects your case.
There are a number of useful sites that will enable you to do some of this research and preparation on line.
What do I need to take to a conference?
You will need to take all plans and documents relevant to your case. It is useful to have copies of those documents to give to the commissioner or judge and to the other parties.
You should also think about taking along a pen and paper so that you can take notes if you want to.
What will happen at the conference?
The commissioner’s or judge’s secretary will meet you outside the conference room before the conference starts. He or she will take your name and contact details, and you can ask them any other queries you have before going into the conference room. After all the parties have arrived the secretary will usher you in to the conference room and indicate where you should sit.
What is the procedure in the conference?
The conference is in a normal meeting room. There is no set procedure although court protocols apply. The commissioner’s or judge’s secretary will tell you when to go into the conference room and where to sit. The commissioner or judge will come in, do the introductions and will explain the conference process to you.
The commissioner or judge cannot make the parties agree. He or she can only try to help the parties reach an agreement themselves. How that happens varies from conference to conference. Sometimes the commissioner or judge will suggest a compromise. Sometimes a party will make a suggestion. Sometimes a party will have a change of heart. However it happens, many conferences (over 40%) end in an agreement of some kind.
Is what is said at the conference recorded?
No formal record is kept of what is said at the conference. The commissioner or judge and his or her secretary may make some notes during the conference but these are for their use only.
What happens if an agreement is reached?
If an agreement is reached at the conference, however, the agreement is usually recorded in some way. Often that is done by the commissioner or judge making an order that reflects the agreement. Once the order is made the agreement is binding on all the parties.
What happens if an agreement is not reached?
If the conference doesn’t end in an agreement, the conference may be postponed to another day (or ‘adjourned’) to give parties time to go away and take some further actions or to further consider their position.
If no agreement is reached the appeal will proceed to the next step - a hearing.
Even if a conference doesn’t result in an agreement it is often useful because it helps the parties (and the court) clarify what the dispute is all about. It often narrows the issues. That means that if the matter goes on to a hearing everyone has a clearer idea what is in dispute.
What happens if the matter is going to go on to a hearing?
If agreement is not reached, the commissioner or judge may discuss some of the practicalities of the hearing. He or she will talk to you, and the other parties, about things like:
Usually the commissioner or judge will be able to decide at the conference when and where the hearing will be held. You will be handed a notice giving you the hearing date and location. Sometimes though, those things will not be able to be decided on the spot and so your case will have to be postponed (or ‘adjourned’) to a directions hearing.
The Next Step - possible Directions Hearing