From ead638c2b5f516bd35240530a07ac1ed48674197 Mon Sep 17 00:00:00 2001
From: rekado <rekado@elephly.net>
Date: Wed, 19 Jun 2013 21:42:14 +0800
Subject: structure to mention case studies

---
 assignment3/background.tex | 167 ++++++++++++++++++++++++++++++++++++++++-----
 1 file changed, 150 insertions(+), 17 deletions(-)

(limited to 'assignment3/background.tex')

diff --git a/assignment3/background.tex b/assignment3/background.tex
index e08da03..ff3fcdc 100644
--- a/assignment3/background.tex
+++ b/assignment3/background.tex
@@ -219,32 +219,165 @@ Summarising the effect of capacity on consent processing practice,
   district plans (or envisaged by the RMA).
 \end{quote}
 
+% TODO: "The RMA specifies statutory time periods within which certain
+% tasks must be performed." p 56, reading 5.4
 
-\subsection{Submissions, hearings and the officer's report}
+
+\subsection{Submissions, hearings and decision-making}
 
 For those applications that the responsible council has determined
 will have impacts on the environment that are more than minor and that
 have been publicly notified, members of the public can make
 submissions to challenge---or express support for---the application.
+
+% On hearings \parencite{ME959}:
+\begin{quote}
+% A hearing allows you and anyone who has made a submission to explain
+% their views about the application. The council usually holds a formal
+% hearing about a notified application and can sometimes hold a hearing
+% for a non-notified application.
+% 
+% A pre-hearing meeting can be a useful way to try and sort out issues
+% before a hearing in a relatively informal setting. It can also help
+% save time at the hearing itself, or even avoid the need for a hearing
+% altogether. You can suggest to the council that a pre-hearing meeting
+% may be useful.
+% 
+% The council can require or invite people to attend the pre-hearing
+% meeting, including people who have made submissions on your
+% application. The council officer will also be likely to attend. If you
+% are required to attend a pre-hearing meeting, and don’t, the council
+% may refuse to process your application. If submitters are required to
+% attend a pre-hearing meeting, and don’t, the council can refuse to
+% consider their submission.
+% 
+% Everyone at the hearing will get a copy of a report about what went on
+% at the pre-hearing meeting, including the issues that were agreed on
+% and those that are outstanding. The council must consider this report
+% in determining the application.
+% 
+% As well as arranging a pre-hearing meeting, the council can also refer
+% you and some or all of the submitters to mediation. Mediation can help
+% you clarify issues, resolve conflicts and reach agreement without
+% needing to go to a hearing. You can request the council to refer you
+% to mediation.
+\end{quote}
+
+% TODO: Officer's report and decision-making.
+% TODO: I don't like this paragraph at all.
+After an evaluation of the application and public submissions, council
+prepares a report based on the AEE and additional evidence provided by
+the applicant during the hearings in response to the submissions from
+the public. The report is hence strongly influenced by the applicant's
+input.
+
+
+\subsubsection{Information access}
+
 It is of utmost importance that an assessment of environmental effects
 be detailed enough and understandable for interested members of the
 public to enable them to make submissions on the proposal without
 first having to engage in investigations
 themselves \parencite{reading4.3}.  A misleading or unintelligible AEE
 will be very difficult for the public to challenge on technical
-grounds.
-
-% 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
-applicant. The report is hence strongly influenced by the applicant's
-input.
-
+grounds. What presentation of information is `unintelligible' and what
+is not depends to some extent on the public. At the example of three
+case studies, \textcite{reading5.6} argues that higher levels of
+education and income (both facilitating access to information) are
+predictors of successful participation in the consultation stages of
+the resource consent process. \textcite{reading4.4} distinguishes
+between physical access to information (e.g. when travel is required
+to obtain information) and intellectual access and concludes that
+access usually favours the ``mobile, determined and educated European
+New Zealander, confident in dealing with public servants, able to seek
+advice from specialists, and competently handle the requirements of
+written submissions.''
+
+% TODO: p 47, reading 5.4:
+% submitters may have to take time off work to participate, may have to travel
+
+% p 57:
+% "inadequate information may lead to poor outcomes: people failing to make submissions on matters affecting them + poorly considered appeals to the Environment Court"
+% "levels of knowledge and understanding are still low, representing a significant barrier to effective participation in all resource management processes."
+
+% TODO: case study: mining
+
+% "Golden Link" underground gold mine
+% ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
+% 
+% - was publicly notified at the request of the applicant
+% - subsidence before hearing --- backfilling is a condition
+% - Distressed Residents Action Team (DRAT) and Waihi East Ratepayers Group Inc (WERGI) are citisen groups in opposition
+% - WERGI's ads in newspapers exaggerated threat (illustrated with pictures from the US), maybe bringing down property values all by themselves; see http://www.bayofplentytimes.co.nz/news/groups-ads-dragging-property-prices-down/1633684/
+% 
+% Aug 24, 2011
+% Residents 'terrified' by bid for giant goldmine under Waihi
+% http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10747078
+% 
+% Jan 16, 2013
+% Homeowners say they should have been told about gold permit by real
+% estate agent.
+% http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10859418
+% 
+% May 7, 2013
+% http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=10881982
+% 
+% May 8, 2013
+% Waihi mine
+% Council says positive effects significant, most serious negative
+% effect may be vibrations.
+% http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10882189
+% 
+% Operator's information:
+% http://www.waihigold.co.nz/mining/golden-link/
+% 
+% Hauraki Council's page on the golden link project:
+% http://www.hauraki-dc.govt.nz/news/Mining-issues/GoldenLinkRCAp/app.htm
+% 
+% Press release by watchgroup:
+% http://coromandelwatchdog.files.wordpress.com/2013/05/media-release-correnso-decision-sets-bad-precendent-for-homeowners-07-05-2013.pdf
+
+
+\subsubsection{The value of submissions from the public}
+
+% Dunedin waterside hotel
+% ~~~~~~~~~~~~~~~~~~~~~~~~
+% 
+% - 27 stories
+% - despite economic benefits, 80% of 507 submissions are in opposition
+% - applicant didn't supply information in response to council's request
+% - weirdness: council rejected application because not enough information was provided.
+%   how could the application be accepted in the first place?
+% - public submissions highlighted problems with the application and prevented the project
+%   despite very positive expectations from the major
+% 
+% Council's page on the application: [locked]
+% http://www.dunedin.govt.nz/council-online/notified-resource-consents/current-notifieds/luc-2012-212
+% 
+% Sept 2012
+% Original announcement by the council
+% http://www.dunedin.govt.nz/your-council/latest-news/september-2012/resource-consent-sought-for-major-hotel
+% 
+% Dec 21, 2012
+% Applicant asked to demonstrate height with baloon or helicopter.
+% http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10855550
+% 
+% Mar 15, 2013
+% Hotel construction feasible: report
+% http://www.odt.co.nz/news/dunedin/249520/hotel-construction-feasible-report
+% 
+% Mar 17, 2013
+% Otago Regional Council likely to refuse consent; requested info was not supplied.
+% http://www.odt.co.nz/news/dunedin/249951/refuse-consent-hotel-orc-says
+% 
+% Mar 21, 2013
+% Betterways Advisory Ltd counsel Phil Page complains about submissions from competitors.
+% http://www.odt.co.nz/news/dunedin/250221/strong-push-hotel-hearing-adjourned
+% 
+% April 10, 2013
+% No third hearing for hotel; decision to be made before June 4
+% http://www.odt.co.nz/news/dunedin/252532/committee-rule-hotel-soon
+% 
+% June 6, 2013
+% Proposal rejected by council.
+% http://www.odt.co.nz/news/dunedin/259914/hotel-ruling-disappoints
-- 
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