6 Where to Go for Further Guidance
6.1 Councils
If you are thinking of buying some land or an existing business, building a structure, extending an existing building, or establishing a new business, then your first point of contact should be the local district or city council (see Appendix 2 for administrative boundaries).
You should speak to staff from the regional council if your proposal, for example:
- is located on the coast or in the bed of a river, lake or stream
- involves large earthworks during the construction phase
- uses plant or processes which use and discharge water or release heat, smoke or other airborne elements
- is located on land, which you know or suspect may have been used by potentially contaminating activities in the past.
Council staff will be able to advise you about any outstanding issues in relation to the property or business you are proposing to purchase, and any plan requirements (such as resource consents) that you may be subject to. You can request project and land information memoranda from the council (you are likely to be charged for these services). Most councils also have basic information about the resource consent process.
You should also contact the regional council if you discover a pollution problem (whether on your own land or somebody else's), or the district or city council if you have any complaints about noise or a neighbour's activities. Councils are also an important source of advice if you are approached by someone seeking your written approval for something they want to do, or if you wish to make a submission on a resource consent application, policy statement or plan. Councils are also a useful source of advice and information about environmental grant programmes.
6.2 Ministry for the Environment
The Ministry for the Environment advises the Government on the environment and anything that might affect it. It is responsible for administering the RMA, and helps the Minister for the Environment carry out their statutory powers under the RMA.
The Ministry has An Everyday Guide to the RMA series of booklets about everyday matters under the RMA. These booklets and other information on the RMA is available on the RMA website.
To find out more about the Ministry for the Environment visit: www.mfe.govt.nz or phone (04) 439 7400.
The Quality Planning website is another useful resource which aims to promote best practice amongst resource management practitioners. For more information visit: About the Quality Planning website.
6.3 Department of Conservation
If you wish to establish a commercial operation or gain access to a property across land administered by the Department of Conservation you will need to contact the local conservancy of the Department of Conservation (see Appendix 3 for administrative boundaries). You should also contact the conservancy office if you are proposing to carry out an activity on the coast. The conservancy office is also a useful source of advice if you are proposing to clear land or need information on local habitats for indigenous species of plants and animals.
6.4 Department of Internal Affairs
The Local Government Directorate of the Department of Internal Affairs is directly responsible for overseeing the operation of the local government sector. Found in the Blue Pages, the directorate can offer advice on your dealings with councils or visit the DIA website, or phone (04) 495 7200.
6.5 Parliamentary Commissioner for the Environment
If you have a complaint about the way a council or any other public body has handled an environmental problem that you have reported to it, or the way it has dealt with a query, resource consent application, or submission, you should consider approaching the Office of the Parliamentary Commissioner for the Environment. The Commissioner has the power to investigate the performance of public bodies in relation to their functions under the RMA. The Commissioner is located in Wellington and can be contacted by phone on 04 471 1669 or by fax on 04 495 8350, visiting the PCE website, or by writing to PO Box 10 241, Wellington.
6.6 Iwi/hapū
You may wish to approach the iwi/hapū in your area to discuss a proposal. The local council or local Ministry of Māori Development (Te Puni Kokiri) office should be able to direct you to the appropriate people to talk to.
Te Kāhui Māngai is a web-based directory of Māori organisations whose mandates to represent their iwi and hapū have been recognised by the Government. The directory can be viewed at: Te Kāhui Māngai
6.7 Business associations
Many industry groups and business associations such as the Chemical Industry Council and the Tourism Industry Association of New Zealand may have staff with considerable experience in resource management matters and a good understanding of the needs of their members. If you are a member of such a group or association you should also consider contacting them. They will not only be able to provide guidance on specific matters, but may represent you and your colleagues in making submissions to both central and local government on the implementation of the RMA.
6.8 Community assistance
Some larger metropolitan areas have community law centres which provide free legal advice, advocacy, and information services on resource management and other matters to members of the public. The centres are staffed by professionals who donate their time and expertise. You may also wish to approach your local citizens advice bureau, which can also offer basic assistance or refer you to specialists in the field.
6.9 Obtaining professional assistance
Consultants with experience in planning/resource management processes can be sourced from the planning, resource management, surveying, engineering, architectural and legal fields. They can help:
- prepare submissions on resource consent applications, plan changes, and policy statements and plans
- prepare applications for requiring authority status
- determine how to respond to enforcement action.
Directories of consultants are available from their professional institutes, including the New Zealand Planning Institute, the Resource Management Law Association, the New Zealand Institute of Surveyors, the Institution of Professional Engineers in New Zealand, the Institute of Architecture, and the New Zealand Institute of Landscape Architects. You can also obtain a list of local consulting firms by referring to the Yellow Pages or visit the RMA website for more information.
There are no hard and fast rules about when such assistance may become necessary. Your own ability to spend time in identifying statutory requirements and preparing applications and submissions will of course be a factor, as well as the nature, scale and complexity of the application. Particularly complex proposals with potentially significant environmental effects (such as large land developments or large volume discharges) may necessitate the involvement of specialists such as hydrologists or ecologists. Consultants can coordinate and manage the involvement of such specialists.
The majority of initial discussions with consent authorities, and the applications that follow, are carried out without any need for professional assistance. The consent authority should be seen as the best first source of guidance.
