Printed from https://fyi.org.nz/request/4638-use-of-mediation-in-planning-and-consent-process?unfold=1 on April 26, 2024 18:33

Use of mediation in planning and consent process

Matthew Hawkins made this Official Information request to Otago Regional Council

The request was successful.

From: Matthew Hawkins

Dear Otago Regional Council,
I am a Law student at the University of Auckland and for my honours dissertation I am investigating the alternative dispute resolution mechanism within the Resource Management Act.

I would like to know:
With regard to RMA Schedule 1 cl 8AA: How many RMA Schedule 1 clause 8AA meetings have been held during the last three years, and of those how many instances of where mediation (sub clause (3)) has been used. Where mediation has been used, was the mediator appointed by the council, or agreed upon by the parties? Was the mediator an independent mediator?

With regard to RMA s 99A: How many RMA s 99A mediation meetings have been held during the last three years? Of these, how many parties were in attendance (e.g. 10 mediations had 2 parties; 5 mediations had 3 parties; 12 mediations had 4 parties; etc). Where mediation has been used, was the mediator appointed by the council, or agreed upon by the parties? Was the mediator an independent mediator? How many mediations were held were the mediator is an Environmental Commissioner?

Yours faithfully,

Matthew Hawkins
[email address]
021 2788852

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From: Peter Kelliher
Otago Regional Council

Dear Matthew

Thank you for your email.

Our response is set out below.

Regards

Peter

-----Original Message-----
From: Matthew Hawkins [mailto:[FOI #4638 email]]
Sent: Thursday, 22 September 2016 8:54 a.m.
To: Info
Subject: Official Information request - Use of mediation in planning and consent process

Dear Otago Regional Council,
I am a Law student at the University of Auckland and for my honours dissertation I am investigating the alternative dispute resolution mechanism within the Resource Management Act.

I would like to know:
With regard to RMA Schedule 1 cl 8AA: How many RMA Schedule 1 clause 8AA meetings have been held during the last three years, and of those how many instances of where mediation (sub clause (3)) has been used. Where mediation has been used, was the mediator appointed by the council, or agreed upon by the parties? Was the mediator an independent mediator?

Over the last three years, we have had no Schedule 1 clause 8AA meetings.

With regard to RMA s 99A: How many RMA s 99A mediation meetings have been held during the last three years? Of these, how many parties were in attendance (e.g. 10 mediations had 2 parties; 5 mediations had 3 parties; 12 mediations had 4 parties; etc). Where mediation has been used, was the mediator appointed by the council, or agreed upon by the parties? Was the mediator an independent mediator? How many mediations were held were the mediator is an Environmental Commissioner?

Over the last three years, we have had no section 99A mediation meetings.

Yours faithfully,

Matthew Hawkins
[email address]
021 2788852

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From: Matthew Hawkins

Dear Peter Kelliher,

Thank you for your prompt reply. The information, though brief, was helpful.

Yours sincerely,

Matthew Hawkins

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