From:
Blair Telford
To:
Section 7(2)(a) - Protection of Priva
Cc:
Section 7(2)(a) - Protection of Privacy Section 7(2)(a) - Protection of Privacy LGOIMA
Subject:
RE: LGOMA - 208 Stagecoach Rd Affected person by proposed Stagecoach Rd Development - Section 7(2)(a) - Protection
- reference: 2216
Date:
Thursday, 11 July 2024 10:34:47 am
Attachments:
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Good morning Section 7(2)(a) -
I have linked the Resource Management Act 1991 for you to review. Below, I have highlighted the
specific sections relevant to your enquiry.
The primary sections concerning notification and the basis for such decisions can be found in:
Section 95A: Public notification of consent applications
Section 95D: Consent authority decides if adverse effect likely to be more than minor
Section 95B: Limited notification of consent applications
Section 95E: Consent authority decides if person if affected person
The consent authority is responsible for making the notification decision for this application. These
decisions are delegated to the Principal Planner – Resource Consents, or the Resource Consents
Manager.
concerns and opinions have been acknowledged and saved in the application file,
Section 7(2)(a) - Protection of Priva
ensuring our processing planners and other staff are aware of them.
Our staff are also aware of the Future Development Strategy (FDS). Further, in relation to local iwi
and any concern they have about the cultural impact of any development in this area, only iwi can
speak for iwi on such matters.
Kind regards, Blair
Blair Telford| Environmental Assurance
Principal Planner ‑ Resource Consents
From: Section 7(2)(a) - Protection of Privacy <Section 7(2)(a) - Protection of Privacy
Sent: Wednesday, July 10, 2024 7:43 PM
To: Blair Telford <[email address]>
Cc: Section 7(2)(a) - Protection of Privacy Section 7(2)(a) - Protection of Privacy LGOIMA <[Tasman District Council request email]>
Subject: RE: LGOMA - 208 Stagecoach Rd Affected person by proposed Stagecoach Rd
Development - Section 7(2)(a) - Protection of Privacy - reference: 2216
Dear Blair
Thank you for the prompt response and detail, its appreciated
As part of the OIA please can you send through the Resource Management Act 1991 (RMA) and
highlight the relevant sections?
Application RM240192, being proposed is a medium density subdivision (141 dwellings in a
paddock with no amenities) in a rural 3 zone (min 50 hec) in the middle of rural lifestyle blocks.
This development will have significant environmental impact, not just negatively on the outlook
but an unacceptable safety impact on those local residents on the no exit Stagecoach Road. A lot
of local residents are retirees and have put their hard earned life savings to retire in a peaceful
rural location. In my view, public notification will be mandatory for this application.
Who is responsible for making the notification decision for this consent authority? Please provide
the contact email.
I established yesterday that there is no documented plan in the , “NELSON TASMAN FUTURE
DEVELOPMENT STRATEGY” 2022 – 2052 published 19 SEPTEMBER 2022, to develop this area so
this is promising for concerned residents. Also the local Iwi raised concerns about the significant
cultural impact of any development in this area.
Sent: Wednesday, July 10, 2024 4:47 AM
To: Section 7(2)(a) - Protection of Privacy <Section 7(2)(a) - Protection of Privacy
Cc: Section 7(2)(a) - Protection of Privacy Section 7(2)(a) - Protection of Privacy LGOIMA <[Tasman District Council request email]>
Subject: RE: LGOMA - 208 Stagecoach Rd Affected person by proposed Stagecoach Rd
Development - Section 7(2)(a) - Protection of Privacy - reference: 2216
Dear Section 7(2)(a) -
We thank you for your interest in the resource consent application referenced by Council as
RM240192 and Ors.
Because each application is different in nature and context, each gets assessed on its own merit.
However, any decision-making in that respect must observe the requirements of the Resource
Management Act 1991 (RMA).
Under the RMA, a developer has no express duty to consult with any person about their
application. However, when making recommendations and decisions for notification in relation to
an application, the Council (or consent authority) must follow the steps set out in s95-s95G of the
RMA and this is discussed further below. Please also refer to the linked 'A technical guide to
Resource Consent Notification' document prepared by the Ministry for the Environment for more
specific details, including the notification flow charts / steps breakdown therein.
In short, the first 4 steps of the process in relation to notification concern public notification, with
the key tests usually being if the adverse effects on the environment are more than minor, or if
special circumstances exist, in which case the application should be publicly notified. If public
notification is not required, then the second 4 steps of the process are considered that concern
limited notification, with the key tests usually being identifying any affected protected customary
rights or customary marine title groups, and determining if the activity may affect land that subject
to a Statutory Acknowledgement, if the adverse effects on any other person is greater than less
than minor, or if special circumstances exist, in which case notice gets served on those respective
groups/persons identified as being adversely affected by the application. Please note that in this
context, caselaw has established 'special circumstances' as those
"outside the common run of
things which is exceptional, abnormal or unusual, but they may be less than extraordinary or
unique".
We are not currently inviting or receiving submissions in relation to this specific application, as that
can only happen during the official submission period (being a 20-working day window) if the
application gets notified in some form. At this point in time, this application has not proceeded to a
notification decision. Our planners, supported by our technical specialists, are still considering the
associated application documentation, and are also awaiting further information from the
applicant, before being in a position to accurately identify and gauge the effects of the activity and
proceed to a notification decision.
While we have received a number of queries from 'interested persons' like yourselves, it is
important to reiterate that 'affected persons' are only determined by the consent authority. In the
event this application is publicly notified, then the general public will be advised via the usual
channels and have an opportunity to make a submission if they wish. In the event this application
is limited notified, only those groups/persons identified by the consent authority as being adversely
affected will have the ability to make a submission in relation to the application. Further, if it is
determined that the application can proceed on a non-notified basis, then no group/person will
have the ability to make a submission. It is important to note that the notification decision of a
consent authority is final and cannot be appealed to the Environment Court, so can only be
