Best practice principles of consultation under the RMA

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The principles of consultation are:

• The purpose of the consultation needs to be made clear at the outset
• Consultation should not be treated as a mere formality
• All parties must approach the consultation with an open mind
• Consultation is not to merely tell or present
• The person consulted needs to be provided with adequate information so that they can understand how they may be affected by a proposal
• The person consulted needs to be given a reasonable opportunity to express their views
• Consultation does not necessarily result in resolution by agreement or written approval, although there may be points of consensus
• Provided the person consulted has been given both the time and the opportunity to state their views, they cannot complain if they then fail to take the opportunity to do so
• Neither party is entitled to make demands
• Consultation does not give the party being consulted the right of veto
• There is no set form or duration, but neither should it be expected to go on indefinitely
• The process is be underlain by reasonableness and fairness

These principles are summaries from relevant case law. Refer in particular to Wellington International Airport v Air NZ NZLR 671 (Court of Appeal) and Land Air Water Association v Waikato Regional Authority. (A110/2001).