\section{The resource consent process in a nutshell}

\paragraph{Screening and scoping.} 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 \parencite{fookes}.  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.

\paragraph{Assessment of effects and optional consulation.} 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
beneficial 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.

\paragraph{Review and additional information.} 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.

\paragraph{Submissions and hearings.} After a review of the AEE, the
council processing the resource consent application may decide to
involve the public by means of public notification or determine that
public notification is not required when the activity is expected to
only have minor effects and all affected parties agree on the
proposal \parencite{fookes}.

% TODO

\paragraph{Officer's report and decision-making.} TODO.


\section{Consultation and participation in EIA and the RMA}

- EIA in NZ differs from international best practice, because
  consultation before the application is lodged is not required

- consultation may be required by another Act; consultation with Maori
  (if affected) is usually required due to Treaty

- 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/


\subsection{AEE review and notification}

- 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
non-notified applications) or enters limited notification where
directly affected people find a compromise with the applicant
(applicant can buy approval) or enters public submission stage. A
misleading AEE will be difficult for the public to challenge on
technical grounds.

% http://www.thefreelibrary.com/Mediating+sustainability%3a+the+public+interest+mediator+in+the+New...-a0176372138
\begin{quote}
According to one survey, only five percent of consent applications
are notified, (51) which is an important finding because, in general,
only those parties who make a submission on a notified consent
application have standing to appeal a council's decision to the
Environment Court.
\end{quote}
% TODO: check if there were big non-notified proposals in the past

% TODO: review course readings to find problems

\subsection{The implementation gap}

\begin{quote}
% there was a gap between the environmental management techniques
% advocated in district plans and those being applied in resource
% consents. The lower the council capacity and plan quality, the greater
% the implementation gap. For a number of reasons, most plans are more
% ambitious in their scope and intentions than is realised in practice
% through techniques used in consents.
\end{quote} [confessions, p 13]

\subsection{Submissions from the public and hearings}

- 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.

% TODO