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diff --git a/assignment3/background.tex b/assignment3/background.tex index afffc09..1704a4d 100644 --- a/assignment3/background.tex +++ b/assignment3/background.tex @@ -1,3 +1,34 @@ +\section{The resource consent process in a nutshell} + +In New Zealand development activities are regulated through regional +and district plans. These plans are prepared by the regional and +district councils in a long process that provides ample opportunity +for consultation with the public and industry representatives +alike \parencite{miller2010implementing}. For any activity not +explicitly permitted by the plans and policy statements a resource +consent must be obtained. Any activity that claims to have +significant positive impacts on the region---the type of activity +that this analysis focuses on---is very likely to also require +resource consents. + +After checking the appropriate district or regional plans to confirm +whether a resource consent is required, the applicant is to prepare a +thorough assessment of environmental effects (AEE). Although it might +be benefitial to consult with possibly affected people and interested +members of the general public at this stage, consultation is not a +general requirement under the RMA. After the application is lodged +and the AEE submitted, the council will process it. If the AEE is +considered lacking, the council may ask the applicant to provide +further information; inadequate applications that are unlikely to be +improved significantly may also be rejected altogether. + +% TODO: what percentage of applications is rejected at this stage? +% majority of rejected applications are made by private people. + +An application that has passed the council's review ... + + + \section{Consultation and participation in EIA and the RMA} - EIA in NZ differs from international best practice, because @@ -8,6 +39,21 @@ - any results of consultation must be included in the AEE +%While councils usually engange the public during the consultation +%phases of the plan formation process, the picture on the resource +%consent level is a different one. According to the 2010/11 survey of +%local authorities the New Zealand \textcite{rma-survey} carries out +%every two years, only about six per cent of all resource consents in +%the two-year period were notified in some way, with only four per cent +%being publicly notified (``poor provision of information''). Hence, +%although the public can influence the framework relative to which +%resource consents are evaluated, there is limited opportunity for the +%public to affect the outcome of the actual decision-making process; +%this situation may result in reduced willingness to participate in +%areas where public participation is still possible (``failure to +%influence the decision-making process''). + + refer to http://www.mfe.govt.nz/publications/rma/everyday/consent-consultation/ @@ -15,6 +61,11 @@ refer to http://www.mfe.govt.nz/publications/rma/everyday/consent-consultation/ - council reviews AEE and decides whether to notify or not +%beyond the requirements of the Fourth Schedule, +%however, there are few guidelines to assess the quality of an +%AEE \parencite{miller2010implementing}. + + - this is the point that Grinlinton is talking about. If the councils don't review dilligently enough, proposals with incomplete or misleading data are not challenged and pass through to a decision (for @@ -54,5 +105,4 @@ on submissions, the AEE and additional evidence provided by the applicant. The report is hence strongly influenced by the applicant's input. -% TODO - +% TODO
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