Consultation for plan development
Clauses 2 - 3C of the First Schedule
Clause 2(2) of the First Schedule requires that a regional council must consult with certain parties in preparing a proposed regional coastal plan. Clause 3(3) specifies these parties as being:
- the Minister of Conservation; and
- iwi authorities of the region; and
- the board of any foreshore and seabed reserve in the region.
Clause 3(1) sets out a list of parties that councils must consult with in preparing a proposed plan. Councils may also consult with any other parties (Clause 3(2)), which has to be undertaking in accordance with s82 of the Local Government Act 2002 (LGA) (Clause 3(4)). This section sets out a series of principles for how a council must undertake any consultation with:
- the Minister for the Environment; and
- those other Ministers of the Crown who may be affected by the policy statement or plan; and
- local authorities who may also be affected; and
- the tangata whenua of the area who may be so affected, through iwi authorities; and
- the board of any foreshore and seabed reserve in the area.
Clause 3A First Schedule specifies that all councils within a region must agree to a consultation process to be used between them when a regional policy statement is reviewed, or when a change or variation is being prepared. This agreement must form part of the triennial agreement under s15 of the LGA. These agreements must be in place before 1 March following a local authority election and remain in force until they are replaced by another agreement. Amendments can be made to an agreement provided that these are completed before the next local authority election.
If after 1 March following a local authority election, the local authorities cannot agree on the consultation process, they are required to notify the Minister for the Environment. If the matter is not submitted to mediation by the local authorities concerned, or mediation has been unsuccessful, the decision on the consultation process will be made by the Minister for the Environment, or persons appointed by the Minister.
- considers ways in which it may foster the development of their capacity to respond to an invitation to consult; and
- establishes and maintains processes to provide opportunities for those iwi authorities to consult it; and
- consults with those iwi authorities; and
- enables those iwi authorities to identify resource management issues of concern to them; and
- indicates how those issues have been or are to be addressed.
Clause 3C of the First Schedule means people who must be consulted under clause 3 need not be re-consulted if they have been consulted on the same issue under another enactment within 36 months. However, this applies only if they were advised that the initial consultation would apply to RMA matters (see Integrating with other consultations).
Return to requirement to consult
Different forms of consultation
Different forms of consultation during this period might include:
- capturing people 's attention and interest through the use of easy to understand, catchy media promotions such as advertisements in local papers, newsletters and brochures and using web sites
- establishing a 'brand ' or theme so that all information about the plan and the plan development process is readily identifiable. Carry this through to the web site and put all related documents on the web for public access
- holding introduction workshops and seminars for public and stakeholder groups. Think about using existing community groups and local personalities to help you
- setting up focus or reference groups for key issues
- holding internal council workshops with key staff to identify issues and concerns that staff may have with existing plan provisions and to test the effectiveness of any proposed provisions. Consider including Council's legal advisors and hearings commissioners as well
- providing notice of likely future plan development processes, including background information on the council website
- preparing a 'draft plan ' highlighting the future direction with draft issues, objectives, policies and methods. Alternatively, consider preparing an 'issues or options document ' that identifies the range of issues identified by the community and internal stakeholders and that explores options for dealing with the issues.
Workshops
Workshops are particularly useful as they can assist to:
- find out how to best consult with the community
- identify whether you should contract some groups to provide input
- find out who is interested and what aspects of the plan or policy statement is of most interest
- identify particular stakeholders for ongoing consultation.
Workshop topics could include:
- introducing the RMA and how it affects your area
- introducing the plan development process and how it influences the future
- introducing the rationale and need for any plan change or review
- what could change and what is not likely to.
Return to stage 1: Before notification
Consultation plans
Both Wellington City Council and Hutt City Council have developed consultation policies that clearly set out the councils ' approach to consultation. While these policies are focussed on LGA consultation, they also discuss RMA consultation.
The Triennial Agreement is between Environment Waikato, Hamilton City Council, and the Waikato, Otorohanga, Franklin, Hauraki, Matamata-Piako, Waipa, Rotorua, Thames Coromandel, and South Waikato District Councils. It represents an agreement between these councils on how they will work collaboratively to maximise efficiency and promote the well-being in their respective communities.
Environment Bay of Plenty 's 'How-to Guide on Community Relations ' provides guidance on the matters that should be considered in a consultation project plan.
Different stages in the plan development consultation process
Before notification
Kaipara District Council's District Plan Review brochure highlights the key stages in the plan development process, including identifying opportunities for stakeholders to be involved.
New Plymouth District Council provides online information on plan changes including information on current and operative plan changes, as well as plan changes that the council is consulting on, but have not yet been notified (at the pre-consultation and pre-draft plan changes).
After notification
Auckland City Council's website includes a description of the review process leading to the Proposed Hauraki Gulf Islands District Plan, as well as the current status of the proposed plan.
Kaipara District Council prepared a District Plan Review Consultation document that provides a summary of responses to consultation undertaken using a series of questions to identify community concerns and aspirations.
The Otago Regional Council officer 's report on Proposed Plan Change 2 documents: it discusses and evaluates the consultation and notification processes associated with the plan change.
Integrating with other consultation
Taupo District Council has undertaken subsequent plan changes to give effect to their adopted Growth Management Strategy TD2050 . The need to undertake plan changes to give effect to the strategy is clearly addressed in the growth strategy.
Horowhenua District Council's Development Plan exercise includes an implementation plan on how the development plan will be implemented, including through district plan changes.
Far North District Council's Kerikeri Waipapa Structure Plan web pages clearly explain how the consultation and development work undertaken on the structure plan will feed into a plan change process to give effect to the structure plan.
The Shore Futures project is a joint exercise between Otorohanga District Council, Waikato District Council, Waitomo District Council, the Department of Conservation and Environment Waikato. Part of the project has included the publication of a Consultation Report , detailing the consultation undertaken to date, and results from that consultation. The website on the project makes it clear that the project will most likely result in plan changes.
Greater Wellington Regional Council's Draft Provisions for the Regional Policy Statement for Regional Form clearly states that the development of the draft provisions was informed by the Wellington Regional Strategy .
Understanding the different roles in consultation processes
The Western Bay of Plenty District Council's district plan review web page includes the names of councillors involved with the District Plan Review Committee, making it clear that there is councillor buy-in and support for the review. The web page also includes details of the key council staff.
Identifying and understanding your audience
Auckland City Council uses its 'City Scene ' newsletter to assist with plan consultation. This newsletter is distributed weekly in hard copy and is also available electronically. Its regular distribution means it is an effective tool for providing updates on plan development processes, including advising people of consultation events and processes. City Scene was recognised by the Environment Court as a newspaper circulating in the district and is on that basis used by Auckland City for the publication of all of its 'public notices ' under the RMA and other legislation
Communicating effectively
Otorohanga District Council developed a discussion paper on 'building parameters in the environment ' as a tool to communicating with their stakeholders on potential changes to the district plan 's bulk and location controls.
Auckland City Council used focus groups as part of its approach to consultation in its review of the Hauraki Gulf Islands District Plan. Auckland City Council used telephone surveys as another means of gauging views on the review of the plan and the principles people wanted to see included in the new district plan. The telephone survey by a reputable research company allowed the council to quantify some of the issues raised in consultation across a more complete sample of the interested population. The survey also measured the effectiveness of the consultation exercises, in terms of awareness, participation and effectiveness, to aid in the design of future consultation.
The Shore Futures Consultation document includes photographs and visual records of consultation.
The emphasis of 'participatory appraisal ' is to give all members of the community equal opportunity to record their knowledge, ideas and opinions in a non-confrontational environment. The aim is to gain input (using visual stimulus and face-to-face interviews) from interested parties who may typically be excluded by other consultation processes. Housing New Zealand used participatory appraisal to develop its community renewal programme for state housing.
Particular obligations relating to tangata whenua
Particular obligations for councils under the RMA include the following:
- All councils are required to take into account any iwi management plans in undertaking any plan development process, and recognise and provide for any foreshore and seabed management plan (ss61(2A), 66(2A) and 74(2A).
- A regional policy statement must state the resource management issues of significance to iwi authorities of the region and the board of any foreshore and seabed reserve (s62).
- Councils must recognise and provide for:
- the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, wahi tapu, and other taonga (s6(e))
- the protection of historic heritage from inappropriate subdivision, use, and development (s6(f))
- the protection of recognised customary activities (s6(g)).
- Councils must have particular regard to kaitiakitanga (s7(a)).
- Councils must take into account the principles of the Treaty of Waitangi (s8).
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