1 October 2021
Brian Warburton
[FYI request #16631 email]
Dear Brian
LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 2021-96
Thank you for your email of Sunday 5 September 2021 to the Carterton District Council requesting the
following information:
“… 1. 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].
2. 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.)
3. Has the Council transferred the duty under Section 35(2)(d) of the RMA [as provided for
under Section 33 of the RMA].
4. If the Council has done so, to which public authority (or authorities) has that duty been
transferred.
4. 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.)
5. Where the Council has not delegated the duty under Section 35(2)(d) of the RMA, why
has the Council not done so.
6. 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.
7. Does the Council have a RMA monitoring strategy that addresses the duty imposed
under Section 35(2)(d) of the RMA.
8. 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 .”
Your request has been considered under the Local Government Official Information and Meeting Act
1987 (the Act).
28 Holloway Street, Carterton, Wairarapa | PO Box 9, Carterton 5743
[CDC request email] | 06 379 4030 | www.cdc.govt.nz
LGOIMA ID: 2021-96
My response to your request is provided in questions 5 and 6 below.
Question 5: Where the Council has not delegated the duty under section 35(2)(d) of the RMA, why
has the Council not done so.
Council has not delegated this duty as we are able to do this in-house using Council staff.
Question 6: 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.
Council fulfils this duty by responding to complaints or being made aware of potential resource
consent issues. Council staff have warrants to be able to investigate to determine whether there are
any issues.
Thank you again for your email. You have the right to ask an Ombudsman to review this decision. You
can do this by writing
to [email address] or Office of the Ombudsman, PO Box 10152,
Wellington 6143.
Yours sincerely
Geoff Hamilton
Chief Executive
Carterton District Council
LGOIMA ID: 2021-96