Section 35(2)(d) of the RMA – Monitoring the Exercise of Resource Consents

Brian Warburton made this Official Information request to Ashburton District Council

The request was successful.

From: Brian Warburton

Dear Ashburton District Council,

Section 35(2)(d) of the RMA says [under the heading of ‘DUTY to GATHER INFORMATION, MONITOR, and KEEP RECORDS’]
• “Every local authority shall monitor— the exercise of the resource consents that have effect in its region or district, as the case may be;”

PURSUANT to the PROVISIONS of the LGOIMA the FOLLOWING INFORMATION is REQUESTED.
• Has the Council delegated its duty under Section 35(2)(d) of the RMA [as provided for under Sections 34 and 34(A) of the RMA].
• If the Council has done so, to which council committee, hearings commissioner, and/or council employer (as the case maybe) has that duty been delegated. (Note: in the case of council employees, position titles only are required, not staff personal identifiers.)
• Has the Council transferred the duty under Section 35(2)(d) of the RMA [as provided for under Section 33 of the RMA].
• If the Council has done so, to which public authority (or authorities) has that duty been transferred.
• Where the Council has delegated and/or transferred the duty under Section 35(2)(d) of the RMA, a copy of the relevant document that officially records the delegation/transfer as the case maybe. (Note: this can be provided with a link to an appropriate council website if this is available.)
• Where the Council has not delegated the duty under Section 35(2)(d) of the RMA, why has the Council not done so.
• Where the Council has not delegated the duty under Section 35(2)(d) of the RMA, by what process does the Council fulfil its duty under Section 35(2)(d) of the RMA.
• Does the Council have a RMA monitoring strategy that addresses the duty imposed under Section 35(2)(d) of the RMA.
• If the Council has such as strategy, a copy of that document (Note: this can be provided with a link to an appropriate council website if this is available), as well as relevant citations to sections/pages that reference to Section 35(2)(d) of the RMA .

Yours faithfully,

Brian Warburton

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