I refer to your official information request dated 12 June 2024. We have considered your email in
further detail and note that part 1 (below) falls under the provisions of LGOIMA and will process
accordingly:
1.
Affected persons are provided appropriate and relevant information:
I understand that you must provide all residents, as affected (and interested) persons both
appropriate and relevant information. You will know what this information is, better than me,
but I wish to see all correspondence between
a.
the developer and yourself and TDC,
b.
any councillors involved and
c.
subcontractors etc.
As such, The Local Government Official Information and Meetings Act requires that we advise you of our
decision on your request no later than 20 working days after the day we received your request.
Unfortunately, it will not be possible to meet that time limit with regards to part 1 of your request, we
are therefore writing to notify you of an extension of the time under section 14(1)(a) (Substantial
collation) to make our decision to 2 August 2024.
This extension is necessary because your request necessitates a search through a large quantity of
information and meeting the original time limit would unreasonably interfere with our operations
necessary to make a decision on your request are such that a proper response cannot reasonably be
made within the original time limit.
In relation to part 2-4, please find
below a general explanation of the RC process.
2.
Encouraged to present their views:
a.
Please advise how you will be identifying the range of affected and interested persons
from Stagecoach Road, Awa Awa Estate, other Tasman residents and others affected
especially recreational users of the road?
b.
How will you be encouraging them/us to present our views according to (c) below?
I.
(c) consultation scope and consideration of views
II.
(d) each person affected given time to present their views according to the needs
of the person. See above.
III.
the views presented received with an open mind
3.
clear access to records and reports etc regarding the decision
a.
What records and reports will you be providing?
b.
Will this be online for the wider community who are unaware of this proposed
development to access?
3.
Give consideration, to the views and preferences of affected persons – have regard to the
current views and preferences of affected persons
a.
Given that you are enabling local democratic decision-making of our community (which
does not include the external sub-divider) how will you be giving consideration to the
views and preferences of affected and interested parties?
b.
the extent of current views and preferences of affected parties
How will you consider the extent of views affected and interested persons in this
democratic local decision-making process?
c.
the nature and significance of the decision and likely impact from the perspective of
affected persons or those interested in the matter
How will you determine the nature, significance and impact of your decision on affected
and interested parties in this democratic decision-making process where you are
enabling us as a local community in this process?
d.
provision of the costs and benefits.
How will you assess and provide a breakdown and explanation of all costs and benefits
to affected and interested parties in this community? Note – costs defined above and not
limited in legislation are social, economic, environmental and cultural.
4.
We also know and appreciate that TDC must hold to the Principles of the Treaty of Waitangi
and Tikanga with its respectful collaborative decision-making process. How will you ensure
that this is taken into account?
We thank you for your interest in the resource consent application referenced by Council as RM240192
and Ors.
Because each application is different in nature and context, each gets assessed on its own merit.
However, any decision-making in that respect must observe the requirements of the Resource
Management Act 1991 (RMA).
Under the RMA, a developer has no duty to consult with any person about their application. However,
when making recommendations and decisions for notification in relation to an application, the Council
(or consent authority) must follow the steps set out in s95-s95G of the RMA and this is discussed further
below. Please also refer to the linked 'A technical guide to Resource Consent Notification' document
prepared by the Ministry for the Environment for more specific details, including the notification flow
charts / steps breakdown therein.
In short, the first 4 steps of the process in relation to notification concern public notification, with the
key tests usually being if the adverse effects on the environment are more than minor, or if special
circumstances exist, in which case the application should be publicly notified. If public notification does
not apply, then the second 4 steps of the process are considered that concern limited notification, with
the key tests usually being identifying any affected protected customary rights or customary marine title
groups, and determining if the activity may affect land that subject to a Statutory Acknowledgement, if
the adverse effects on any other person is greater than less than minor, or if special circumstances exist,
in which case notice gets served on those respective groups/persons identified as being adversely
affected by the application. Please note that in this context caselaw has established 'special
circumstances' as those "outside the common run of things which is exceptional, abnormal or unusual,
but they may be less than extraordinary or unique".
We are not currently inviting or receiving submissions in relation to this specific application, as that can
only happen during the official submission period (being a 20-working day window) if the application
gets notified in some form. At this point in time, this application has not proceeded to a notification
decision. Our planners, supported by our technical specialists, are still considering the associated
application documentation, and are also awaiting further information from the applicant, before being
in a position to accurately identify and gauge the effects of the activity and proceed to a notification
decision.
While we have received a number of queries from 'interested persons' like yourselves, it is important to
reiterate that 'affected persons' are only determined by the consent authority. In the event this
application is publicly notified, then the general public will be advised via the usual channels and have an
opportunity to make a submission if they wish. In the event this application is limited notified, only
those groups/persons identified by the consent authority as being adversely affected will have the ability
to make a submission in relation to the application. Further, if it is determined that the application can
proceed on a non-notified basis, then no group/person will have the ability to make a submission. It is
important to note that the notification decision of a consent authority is final and cannot be appealed to
the Environment Court, so can only be challenged by judicial review in the High Court, which is why
Council takes particular care with them. A notification decision will be made in due course.
To: Section 7(2)(a) - Protection of Privacy <Section 7(2)(a) - Protection of Privacy
Kia ora Section 7(2)(a)
I acknowledge receipt of your official information request dated 12 June 2024.
You have requested:
1.
I understand that you must provide all residents, as affected (and interested) persons
both appropriate and relevant information. You will know what this information is,
better than me, but I wish to see all correspondence between
a.
the developer and yourself and TDC,
b.
any councillors involved and
c.
subcontractors etc.
2.
Please advise how you will be identifying the range of affected and interested persons
from Stagecoach Road, Awa Awa Estate, other Tasman residents and others affected
especially recreational users of the road?
a.
How will you be encouraging them/us to present our views according to (c)
below?
b.
consultation scope and consideration of views (d) each person affected given
time to present
c.
their views according to the needs of the person See above.
d.
the views presented received with an open mind
e.
clear access to records and reports etc regarding the decision What records and
reports will you be providing?
i. Will this be online for the wider community who are
unaware of this proposed development to access?
3.
Given that you are enabling local democratic decision-making of our community (which
does not include the external sub-divider) how will you be giving consideration to the
views and preferences of affected and interested parties?
a.
the extent of current views and preferences of affected parties
b.
How will you consider the extent of views affected and interested persons in this
democratic local decision-making process?
c.
the nature and significance of the decision and likely impact from the perspective
of affected persons or those interested in the matter How will you determine the
nature, significance and impact of your decision on affected and interested
parties in this democratic decision-making process where you are enabling us as
a local community in this process?
d.
provision of the costs and benefits. How will you assess and provide a breakdown
and explanation of all costs and benefits to affected and interested parties in this
community? Note – costs defined above and not limited in legislation are social,
economic, environmental and cultural.
4.
We also know and appreciate that TDC must hold to the Principles of the Treaty of
Waitangi and Tikanga with its respectful collaborative decision-making process. How
will you ensure that this is taken into account?
We will endeavour to respond to your request as soon as possible and, in any event, no later than 11 July
2024, 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. For requests that are likely to
involve substantial collation and/or research, there may be a charge for staff time; however, if this is the
case, we will advise you before we process your request.
Your request is being handled by the Legal and Democracy Services team. If you have any questions,
please feel free to contact the team at [email address]. If any additional factors come to light
which are relevant to your request, please do not hesitate to contact us so that these can be taken into
account.
Yours sincerely,
Legal & Democracy Support Officer
LGOIMA
LGOIMA Requests
Call +64 3 543 8400
| [Tasman District Council request email]
Private Bag 4, Richmond 7050, NZ
This e-mail message and any attached files may contain confidential information, and may be subject to legal professional privilege. If you are not the
intended recipient, please delete
From: Section 7(2)( <
Section 7(2)(a) - Protection of Privacy
Sent: Friday, July 5, 2024 9:31 AM
To: Jody Connor <[email address]>; Section 7(2)(a) - Protection of Privacy <Section 7(2)(a) - Protection of Privacy
susiewendelborn <Section 7(2)(a) - Protection of Privacy
Subject: Re: RM240192 – Tahimana Subdivision, Stagecoach Road – response to parties
Thanks Jody,
Can I presume that my questions in the letter of opposition are being treated as OIAs?
If not please do.
Thanks a lot
Section 7(2)(a
On Fri, 5 Jul 2024, 9:01 am Jody Connor, <[email address]> wrote:
Tēnā koe
I am contacting you on behalf of our Resource Consents Manager, Katrina Lee. Her message is below.
Ngā mihi nui,
Jody Connor
Tēnā koe
I refer to our email to you on June 27th, letting you know that we had received your
communications, and we would get back to you with more information once we have it
to hand.
Thank you for your letters and emails expressing concerns, questions, or objections
regarding the proposed Tahimana subdivision off Stagecoach Road. We are recording
your responses and feedback, and will continue to do so. Our planners will be reviewing
these alongside the consent application, as they consider it on merit. We are also
working on collating internal staff comments from engineers and scientists, and then
we will seek further information from the applicant to address those, and residents’
concerns.
Once we have received the necessary information, we will be able to make a
notification decision. This will determine whether affected party approvals are needed
and whether the application will proceed as “non-notified”, “limited-notified”, or
“publicly-notified”. The only opportunity for you to make a formal submission about this
subdivision is if you are identified as an affected party or if the application is publicly
notified. For more detailed information on the resource consent process, please refer to
the Council's website: How resource consent applications work | Tasman District
Council. You can also track this resource consent via Track a resource consent |
Tasman District Council by inserting
240192, which is the resource consent reference
number for all correspondence.
Following our decision on notification, we will inform all parties via email who have
provided emails or letters, to keep you updated and informed through the key
milestones of a resource consent process.
If you would like to review a copy of the application, please contact
[email address] , and they will assist you with this request.
Should you have any further questions, please feel free to contact us.
Ngā mihi nui,
Katrina Lee | Environmental Assurance
Resource Consents Manager
Mobile +64 27 238 4997 |
DDI +64 3 543 7601
Jody Connor
Executive Assistant ‑ Environmental Assurance
Call +64 3 543 8400
| [email address]
Private Bag 4, Richmond 7050, NZ
This e-mail message and any attached files may contain confidential information, and may be subject to legal professional privilege. If you are not the
intended recipient, please delete
