Effects of Northland Regional Council's non-notification of Resource Consent, 26 Derrick Rd
Sen McGlinn made this Official Information request to Far North District Council
The request was successful.
From: Sen McGlinn
November 1, 2023
Dear Far North District Council,
We have recently learned that on 11 August 2023, the Northland Regional Council granted a Resource Consent (File 44618) to our neighbour, Peter Jeffrey May, for earthworks on 26 Derrick Road, Kawakawa. We learned of this only recently because this resource consent was granted without notification, and our neighbour does not communicate with us. An email to us from Paul Maxwell at NRC, on 16 Oct 2023, states that it was not notified -- and not discussed with us -- because: “...the neighbouring property was not considered to be adversely affected by the proposal.” We have ample photographic evidence to show that that statement is incorrect. We, and the wetland on our property, are adversely affected by the design for remedial earthworks, because the design takes no account of the aquifers, which are continually transporting our neighbour's fill into the wetland on our property. The remedial plan requires consultation with us because we want to protect the wetland from the fill being pushed into the wetland by water from the springs. We will have to provide the District Council with our signed consent.
We (Sen McGlinn and Sonja van Kerkhoff) intend to take High Court action against the NRC to overturn its decision not to notify this Resource Consent application. In view of our pending action, we would like to ask :
- whether the conclusion of the NRC, that our property is not adversely affected by our neighbour's proposal, has been or will be taken as a framework for the FNDC, in its endeavours (which are unknown to us), to force our neighbour to undertake the remedial earthworks for which the NRC has given its consent?
- Is the NRC's decision that we are not adversely affected the reason, or a contributing reason, for the FNDC's non-communication with us, since that decision?
- Does the NRC's decision that we are not adversely affected nullify the FNDC's previous instruction to our neighbour, that he must consult with us on his plans (which he has not done), and seek our consent?
Yours faithfully,
Sen McGlinn
From: Ask Us Team
Far North District Council
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From: Ask Us Team
Far North District Council
Kia ora Sen
Thank you for contacting the Far North District Council.
Your request has been referred to our Resource Department to action and
respond.
Should you need to contact us regarding this particular issue, please use
reference number RFS-4180786.
Nga mihi,
Marilyn
Ask Us Team
District Services
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From: [FOI #24620 email]
Sent: Wednesday, November 1, 2023 12:21 PM
To: [Far North District Council request email]
Subject: Official Information request - Effects of Northland Regional
Council's non-notification of Resource Consent, 26 Derrick Rd
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November 1, 2023
Dear Far North District Council,
We have recently learned that on 11 August 2023, the Northland Regional
Council granted a Resource Consent (File 44618) to our neighbour, Peter
Jeffrey May, for earthworks on 26 Derrick Road, Kawakawa. We learned of
this only recently because this resource consent was granted without
notification, and our neighbour does not communicate with us. An email to
us from Paul Maxwell at NRC, on 16 Oct 2023, states that it was not
notified -- and not discussed with us -- because: “...the neighbouring
property was not considered to be adversely affected by the proposal.” We
have ample photographic evidence to show that that statement is incorrect.
We, and the wetland on our property, are adversely affected by the design
for remedial earthworks, because the design takes no account of the
aquifers, which are continually transporting our neighbour's fill into the
wetland on our property. The remedial plan requires consultation with us
because we want to protect the wetland from the fill being pushed into the
wetland by water from the springs. We will have to provide the District
Council with our signed consent.
We (Sen McGlinn and Sonja van Kerkhoff) intend to take High Court action
against the NRC to overturn its decision not to notify this Resource
Consent application. In view of our pending action, we would like to ask :
- whether the conclusion of the NRC, that our property is not adversely
affected by our neighbour's proposal, has been or will be taken as a
framework for the FNDC, in its endeavours (which are unknown to us), to
force our neighbour to undertake the remedial earthworks for which the NRC
has given its consent?
- Is the NRC's decision that we are not adversely affected the reason, or
a contributing reason, for the FNDC's non-communication with us, since
that decision?
- Does the NRC's decision that we are not adversely affected nullify the
FNDC's previous instruction to our neighbour, that he must consult with us
on his plans (which he has not done), and seek our consent?
Yours faithfully,
Sen McGlinn
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From: Sen McGlinn
Dear Ask Us Team,
I got the response by email today. Erica Cooney, Legal Services Officer, responds :
"Council considers that this RFS falls outside of the scope of the Local Government Official Information and Meetings Act 1987 (the ‘LGOIMA’). Official information is limited under the Act to that which the Council actually holds and Council is not required to create new information to answer a request. The matter has therefore been referred on to the Monitoring Team to respond directly to you."
This is factually incorrect. My third question, "- Does the NRC's decision that we are not adversely affected nullify the FNDC's previous instruction to our neighbour, that he must consult with us on his plans (which he has not done), and seek our consent?” is a yes/no question to which the FNDC has the answer. They don't want to tell me. Interesting, no?
My second question is "Is the NRC's decision that we are not adversely affected the reason, or a contributing reason, for the FNDC's non-communication with us, since that decision?"
So has it been a factor in FNDC's communication, or not? The FNDC must know, but will they tell?
Yours sincerely,
Sen McGlinn
From: Ask Us Team
Far North District Council
Thank you for contacting the Far North District Council. We have received
your message and a member of our customer service team will issue a
reference number for your enquiry within 5 working days.
Urgent enquiries: If you feel your enquiry requires urgent attention,
please contact us on our service number 0800 920 029 or 09 401 5200 –
available 24 hours a day, 7 days a week.
You may also find what you are looking for by visiting our website
[1]www.fndc.govt.nz
Kind regards
Ask Us Customer Services Team
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Sen McGlinn left an annotation ()
Reply by email:
"The RC application process that Mr. May will start with FNDC will be independent from the RC application he made with NRC as we have different set of rules on this matters. This independent assessment also include the assessment of affected parties and notification of the application."
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