Investigation meeting

Investigation meetings are not as formal as a court hearing. They are usually held in the Authority offices in Auckland, Wellington or Christchurch. Members may also travel to other cities or towns if required.

Who attends the investigation meeting

The investigation meeting must be attended by:

• the applicant
• the respondent
• witnesses.

If you have a representative, they will present your case. If you do not have a representative, you can present your own.

The Authority Member runs the meeting to make sure no one is disadvantaged if they do not have a representative.

At the start of the meeting, the Authority Member will introduce everyone and explain how the meeting will run, including the order in which people will speak.

You can bring friends, whānau or supporters.

If the applicant doesn’t attend

If the applicant does not attend the meeting, the Authority Member can decide to:

• proceed anyway and the applicant will not get the opportunity to present their evidence, or
• dismiss the matter and have the applicant pay costs.

If the respondent does not attend the meeting

If the respondent does not attend the meeting, the Authority Member can decide to proceed anyway. The respondent will not get the opportunity to present their evidence.

If a witness does not attend the meeting

Everyone who provides a witness statement must go to the investigation meeting in person.

If they cannot be there in person, they will need to contact the Authority Officer as soon as possible to ask to be excused from appearing in person.

Giving information and presenting evidence

The Authority Member will ask each party questions about the facts they provided in their statements.

You or your representative:

• may be asked to give information or present evidence, either verbally or by preparing a written statement beforehand
• will usually be asked to swear that the information or evidence you provide is the truth
• can ask the Authority Member to ask further questions about the evidence or anything else relevant to the investigation. The Authority Member will decide whether or not they will ask these questions.

Witnesses

Witnesses will usually be asked to swear that the evidence they are giving is the truth.

The Authority Member will usually ask witnesses questions to make sure all the facts are clear.

If the parties:

• have representatives, they will be allowed to cross-examine the witness
• do not have representatives, they will be allowed to ask more questions of the witness as long as the questions are relevant and have not already been asked.

Witnesses

At the end of the meeting

If the Authority Member makes a verbal determination, you or your representative may be able to summarise your case by explaining what decisions you think the Authority should make and why.

When summing up:

• you may refer to any applicable legal principles
• you should give a citation for any case law you reference or present a copy of the decision.

In some cases, you may be invited to make submissions in writing after the meeting.

After the meeting

If the Authority Member has requested written submissions or other information, they will let you know when those are due at the end of the meeting.

Once the Authority Member has all the information they have requested, they will make their determination which may include awarding remedies and costs.

Determinations