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

Brian Warburton made this Official Information request to Central Hawke's Bay District Council

The request was successful.

From: Brian Warburton

Dear Central Hawke's Bay District 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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From: Customer Service
Central Hawke's Bay District Council

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From: Governance
Central Hawke's Bay District Council


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Good morning Brian,

 

Thank you for your official information request dated 5 September 2021.
We will endeavour to respond to your request as soon as possible and in
any event no later than 1 October 2021, being 20 working days after the
day your request was received. If we are unable to respond to your request
by then, we will notify you of an extension of that timeframe.

 

Kind Regards,

Caitlyn Dine

 

 

Governance​
Governance
Central Hawke's Bay District Council
[1]CHBDC Website PO Box 127
[4]Central 28 ‑ 32 Ruataniwha Street
[2]Facebook [3]LinkedIn Hawkes Bay [5]Instagram Waipawa   4210
District 06 857 8060 
Council [6]This communication, including any attachments, is
confidential. If you are not the intended recipient, ​please
delete it. Refer to the disclaimer on our website.
​Got an idea or feedback?  Fantastic!  You can let us know here 
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From: Governance
Central Hawke's Bay District Council


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Good Afternoon Brian,

 

I refer to your official information request dated 5 September 2021.

 

Please find the answers to your request highlighted below:

 

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]. No

 

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.) N/A

 

3.       Has the Council transferred the duty under Section 35(2)(d) of
the RMA [as provided for under Section 33 of the RMA]. No

 

4.       If the Council has done so, to which public authority (or
authorities) has that duty been transferred. N/A

 

5.       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.) N/A

 

6.       Where the Council has not delegated the duty under Section
35(2)(d) of the RMA, why has the Council not done so. The Operative
District Plan is a permissive plan and therefore, do not often have
consents that require ongoing monitoring (outside of subdivision consent
applications). Subdivision consents are monitored through the processes
for certification pursuant to s223 and s224 of the RMA 1991.

 

7.       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. As previously mentioned, subdivision is
the most common resource consent type applied for. Monitoring of those
applications is undertaken through the processes for certification
pursuant to s223 and s224 under the RMA 1991. The few resource consents
that are not subdivisions and require monitoring, have often been dealt
with through the use of financial bonds as a mechanism for holding
applicants accountable for any work that requires monitoring/ongoing
compliance.

 

8.       Does the Council have a RMA monitoring strategy that addresses
the duty imposed under Section 35(2)(d) of the RMA. No

 

9.       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. N/A

 

Kind regards,

Caitlyn Dine

 

[1]CHBDC Website Caitlyn Dine​
[2]Facebook [3]LinkedIn [4]Central [5]Instagram Governance & Support Officer | Āpiha Mana Whakahaere & Taunakitanga
Hawkes Bay Central Hawke's Bay District Council
District PO Box 127
Council 28 ‑ 32 Ruataniwha Street
Waipawa   4210
06 857 8060 
[6]This communication, including any attachments, is
confidential. If you are not the intended recipient, ​please
delete it. Refer to the disclaimer on our website.
​Got an idea or feedback?  Fantastic!  You can let us know here 
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From: Brian Warburton

Dear Governance,

Hi I cant actually see your responses.

Perhaps you could email me at [email address]

Yours sincerely,

Brian Warburton

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