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authorrekado <rekado@elephly.net>2013-06-19 16:18:03 +0800
committerrekado <rekado@elephly.net>2013-06-19 16:18:03 +0800
commit17664e66d4942f60e6130b87f5a692fdf700f83d (patch)
tree1da11d7e80e19320b054b45285baa5135744f014
parente0369a68a69af5afb13fb4ae311d1db3d259b30e (diff)
move stuff from scratch page into background
-rw-r--r--assignment3/background.tex41
-rw-r--r--assignment3/outline29
2 files changed, 37 insertions, 33 deletions
diff --git a/assignment3/background.tex b/assignment3/background.tex
index 36eceba..f2b76c2 100644
--- a/assignment3/background.tex
+++ b/assignment3/background.tex
@@ -59,6 +59,28 @@ affected people refuse to provide written approval before the
assessment of environmental effects has been carried out and
submitted.
+% TODO: easy to buy off directly affected people -- outcome is not sustainable
+
+%- side agreements: applicants can buy consent by paying directly
+% affected people, incurring poor environmental outcomes for the
+% community or future generations. \parencite{PCE1998}
+%
+%
+% \begin{quote}
+% The environmental risks associated with side agreements depend on
+% the council’s knowledge and treatment of any contractual
+% arrangements by consent applicants. Good practice by the consent
+% authority can help to minimise these risks. For example, where a
+% private agreement does not necessarily result in effects on the
+% environment being mitigated, consent authorities should impose
+% appropriate conditions to mitigate these effects.
+% \end{quote} \parencite[][p 9]{PCE1998}
+%
+%
+%- wider example may be the golden link mine where the applicant
+% promised to do unrelated work for the community to secure approval
+
+
\subsubsection{The importance of reviews}
@@ -121,7 +143,9 @@ applications are rather common and are often upheld due to the fact
that local authorities ``failed to carry out sufficient enquiries
before deciding that there were no affected parties or that it would
be unreasonable for the applicant to obtain written approval from
-affected parties'' \parencite{reading4.3}.
+affected parties'' \parencite{reading4.3}. In fact, according to the
+\textcite{ME1069}, the number of formal objections against consent
+decisions follows an upward trend in recent years.
% beyond the requirements of the Fourth Schedule there are few
% guidelines to assess the quality of an AEE \parencite{miller2010implementing}.
@@ -146,10 +170,10 @@ zone, the application could not be rejected on grounds of
non-compliance. A second application for a scaled-down proposal was
also approved without public notification.
-While it is possible to amend plans and there are established
-mechanisms for extensive consultation in the plan creation process, it
-is clearly not feasible to modify plans on a case-by-case basis.
-Under the assumptions of the RMA, plans are the foundations on which
+While it is possible to amend plans and established mechanisms for
+extensive consultation exist in the plan creation process, it is
+clearly not feasible to modify plans on a case-by-case basis. Under
+the assumptions of the RMA, plans are the foundations on which
resource consent decisions are made to achieve sustainable
development; they were not meant to be used as a tool to block
individual proposals and hence do not support quick amendment
@@ -214,6 +238,13 @@ have been publicly notified, members of the public can make
submissions to challenge---or express support for---the application.
% TODO
+
+At the example of three case studies, \textcite{reading5.6} argues
+that access to information and the ability to present a position
+professionally is a precondition to successful participation in the
+consultation stages of the resource consent process.
+
+
% Officer's report and decision-making.
- in the case of public notification, council prepares a report based
on submissions, the AEE and additional evidence provided by the
diff --git a/assignment3/outline b/assignment3/outline
index 8b6288e..c4cd2c7 100644
--- a/assignment3/outline
+++ b/assignment3/outline
@@ -17,28 +17,6 @@
pre-hearing meetings (for notified applications) went down; also the
number of successful pre-hearing meetings went down.
-- upward trend: number of objections against consent decisions (see
- section 2.10)\parencite{ME1069}
-
-- side agreements: applicants can buy consent by paying directly
- affected people, incurring poor environmental outcomes for the
- community or future generations. \parencite{PCE1998}
-
-
- \begin{quote}
- The environmental risks associated with side agreements depend on
- the council’s knowledge and treatment of any contractual
- arrangements by consent applicants. Good practice by the consent
- authority can help to minimise these risks. For example, where a
- private agreement does not necessarily result in effects on the
- environment being mitigated, consent authorities should impose
- appropriate conditions to mitigate these effects.
- \end{quote} \parencite[][p 9]{PCE1998}
-
-
-- wider example may be the golden link mine where the applicant
- promised to do unrelated work for the community to secure approval
-
- councils are not capable of processing consent applications to the
standards that are detailed in the plans:
@@ -74,9 +52,4 @@
relation to legislative intent, they are not cautious enough; they are
administratively cautious; they are administratively cavalier; they
are environmentally conservative, they are not conservative enough.
- \end{quote} [p 8]
-
-
-
-
-% TODO: split assignment into Theory / Legislation and Implementation \ No newline at end of file
+ \end{quote} [p 8] \ No newline at end of file