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27. 11. 96
SUPPLEMENTARY REPORT BY THE
CHAIRMAN OF THE ENVIRONMENTAL COMMITTEE
9. DELEGATION FOR COMMISSIONERS - non-notified applications RR 4149
| Officer responsible | Author |
| Environmental Services Manager | Ken Lawn |
| Corporate Plan Output: Resource Consents |
The purpose of this report is to amend the delegations to enable commissioners to be appointed for non-notified applications.
It has come to our attention that the current delegations do not satisfactorily provide for the appointment of a commissioner to consider a non-notified application. There are times when it is appropriate to use a commissioner for a non-notified application, usually where the Council is involved as a party.
The amended delegations set out below add non-notified applications to a list of matters for which the Resource Management Hearings Panel can appoint a commissioner. They also add to the powers of the Resource Management Officer Committee to decide to appoint a commissioner to determine whether an application should be notified, and to consider any subsequent non-notified applications.
Recommendation: 1. That the delegation to the Resource Management Hearings Panel relating to the appointment of Commissioners be amended as follows (the amended portions are printed in italics):
Pursuant to Section 34(1) of the Resource Management Act 1991, the power to appoint any hearings commissioner or commissioners, where in the opinion of the hearings panel, it is desirable that a commissioner or commissioners be appointed for a specified District Plan hearing, change to a plan, notified application, non-notified application, requirement or heritage order.
2. The following delegation be added to those of the Resource Management Officer Committee:
Pursuant to Section 34(1) of the Resource Management Act 1991, the power to appoint any hearings commissioner or commissioners, where, in the opinion of the officer panel, it is desirable that a commissioner or commissioners be appointed for the purpose of deciding whether an application should be notified or non-notified under Section 94, and to hear any subsequent non-notified application for a resource consent.
Chairman's comments:
"It was intended that this report seeking to amend the list of delegations be presented to the December meeting of the Environmental Committee.
I have since been informed that the Council currently has an application for resource consent which needs to be considered urgently by a Commissioner. We have been unable to process the application within the required statutory framework of 20 working days due to the omission from the list of delegations. This matter is discussed in the foregoing report. This application has been with the Council for 23 working days as of 21 November 1996. If this report is not dealt with urgently, to amend the delegations, the applicant will, in this instance, suffer an unreasonable delay."
Chairman's
Recommendation: That the above recommendation be approved.
CONSIDERED THIS 27TH DAY OF NOVEMBER 1996
MAYOR