Section 35(2)(d) of the RMA – Monitoring the Exercise of Resource Consents
Brian Warburton made this Official Information request to Auckland Council
Response to this request is long overdue. By law Auckland Council should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
      From: Brian Warburton
      
    
    Dear Auckland Council,
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
        From: Official Information
        Auckland Council
      
    
    Kia ora Brian,
 
Thank you for contacting the Official Information and Privacy team.
 
We have passed on your request to our Regulatory Services Directorate to
 respond to you directly. 
They will be in contact with you soon, if they have not done so already.
 If you do not hear from them within 10 working days, please contact us
 again and we will follow-up.
Ngā mihi,
 
Amanda
The Privacy and LGOIMA team
Auckland Council
 
From: Brian Warburton <[FOI #16629 email]>
 Sent: Sunday, 5 September 2021 2:43 pm
 To: Official Information <[email address]>
 Subject: Official Information request - Section 35(2)(d) of the RMA –
 Monitoring the Exercise of Resource Consents
 
Dear Auckland Council,
 
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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