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About Hearing Decision-Makers
This page contains the following information:
- Who May be on a Resource Consent Committee?
- What Qualifies Councillors and Independent Commissioners to Make Decisions?
- How Are Decisions Made?
Who May be on a Resource Consent Committee?
The following Councillors are certified to hear and make decisions on resource consents:
Certified to be Chairperson on Resource Consent Hearings
- Cr Noel Riley
- Mayor Richard Kempthorne
- Cr Stuart Bryant
- Cr Tim King
Certified to be a Committee Member on Resource Consent Hearings
The Council may also elect to use independent commissioners alongside, or instead of Councillors. Commissioners may be used for many reasons such as conflict of interest, for Tasman District Council applications or where the application is very complex or where specialist expertise is needed.
The list of certified commissioners can be found at: Making Good Decisions certificate holders (non local body elected members)
What Qualifies Councillors and Independent Commissioners to Make Decisions?
The Ministry for the Environment (via the University of Auckland) runs the "Making Good Decisions Programme" to train councillors and commissioners.
Read more about the course here
How Are Decisions Made?
Section 104 of the Act
Decisions on resource consents are made under Section 104 of the Resource Management Act.
New Zealand Legistlation: Resource Management Act Section 104
Section 104 refers to "effects on the environment". The meaning of "effect" is specified in Section 3 of the Act to include any:
- positive or adverse effect;
- temporary or permenant effect;
- past, present or future effect;
- cumulative effect that arises over time or in combination with other effects;
- potential effect of high probability;
- potential effect of low probability that has a high potential impact.
The meaning of "environment" includes:
- ecosystems and their constituent parts, including people and communities; and
- all natural and physical resources; and
- amenity values; and
- the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs [1 to 3] of this definition or which are affected by those matters.
Section 104 also sets out a number of documents that must be considered as well as any other matter that the decision maker consideres appropriate.
Finally, Section 104 clauses (2) to (7) sets out some other matters that the decision maker must, must not, or may take into account in making his or her decision.
The Purpose and Principles of the Act
The single purpose of decisions on resource consents under the Resource Management Act is to achieve "sustainable management of natural and physical resources". The definition of sustainable management is stated in Section 5.
New Zealand Legistlation: Resource Management Act Section 5
A key point to note from Section 5 is that an overall judgement based on a weighing of the factors is required. Also, there is a focus on avoidance, remediation or mitigation of adverse effects; that is why the Resource Management Act is often referred to as 'effects-based' legislation.
Decision makers must recognise and provide for the matters of national importance stated in Section 6.
New Zealand Legistlation: Resource Management Act Section 6
Decision makers must have particular regard to the other matters stated in Section 7.
New Zealand Legistlation: Resource Management Act Section 7
In achieving the purpose of the act, decision makers must also take into account the principles of the Treaty of Waitangi (Section 8).