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2 Introduction

This report presents the findings of the review of several councils following the results of the 2005/06 Resource Management Act Biennial Survey of Local Authorities.

The survey revealed a decline in performance of councils in meeting statutory timeframes for processing resource consents as set out in the Resource Management Act 1991. During the 2003/04 survey period, 77 per cent of the 54, 658 resource consent applications were processed within statutory timeframes. This dropped to 73 per cent of the 51,768 resource consent applications processed during the 2005/06 survey period.

In light of the declining survey trend, the Minister for the Environment directed the Ministry for the Environment Chief Executive to conduct an immediate review of several councils to explore the reasons for decline.

Appendix 2 contains a table showing performance with statutory timeframes for all councils. Five councils were selected to participate in this initial review. These councils were not simply the worst five performers, but a representative sample of councils who had either a low level of timeframe compliance and/or showed a high use of section 92 of the RMA. Frequent use of section 92 may be indicative of underlying processing issues that are not readily apparent when simply looking at the working day figures.

It should be noted that this review is the first step of a wider review of the balance of the councils who were ‘poor performers’ as measured by the 2005/06 survey.3

The participating councils were:

  • Franklin District Council

  • Kaipara District Council

  • Manukau City Council

  • Taupo District Council

  • Waimakariri District Council.

Table 1: 2005/06 survey results for the participating councils

 

Number of consents processed

Percentage of consents processed within statutory timeframes

Use of section 92

Use of section 37 4

Percentage of consents processed on a non-notified basis

Franklin District

465

60%

60%

3%

98%

Kaipara District

226

23%

45%

No data provided

93%

Manukau City

1490

33%

No data provided

No data provided

99%

Taupo District

419

85%

62%

14%

93%

Waimakariri District

608

62%

75%

45%

95%

The review focused on non-notified resource consent applications, as 98 per cent of resource consents were processed on a non-notified basis over the survey period.

The terms of reference for the review were:

  • timeliness of processing

  • management systems and practices

  • how well councils are using the tools available under the RMA to manage timelines and define processes

  • how well best practice is used.5

3 For the purposes of this review, ‘poor performers’ are defined as councils who have less than 60 per cent compliance with statutory timeframes.

4 Under section 37 of the RMA, a council may extend a time period specified in the RMA. A time period may be extended for a time not exceeding twice the maximum time period; or a time exceeding twice the maximum time period if the applicant requests or agrees.

5 Most guidance on best practice suggests ways to design a processing path that complies with the RMA and case law. However, there is relatively little material on how to manage resource consent applications so they get through the process quickly. For the purposes of our investigation we have assumed that best practice consists of handling an application so it gets through the process as quickly as it can while still adequately managing the risk of mistakes. Note: Guidance on resource consent processing is available on the Quality Planning website www.qp.org.nz

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