Printed from https://fyi.org.nz./request/4642-the-use-of-mediation-in-planning-and-consent-process on November 16, 2024 04:57

The use of mediation in planning and consent process

Matthew Hawkins made this Official Information request to Bay of Plenty Regional Council

The request was successful.

From: Matthew Hawkins

Dear Bay of Plenty Regional Council,

I am a Law student at the University of Auckland and for my honours dissertation I am investigating the alternative dispute resolution mechanism within the Resource Management Act.

I would like to know:
With regard to RMA Schedule 1 cl 8AA: How many RMA Schedule 1 clause 8AA meetings have been held during the last three years, and of those how many instances of where mediation (sub clause (3)) has been used. Where mediation has been used, was the mediator appointed by the council, or agreed upon by the parties? Was the mediator an independent mediator?

With regard to RMA s 99A: How many RMA s 99A mediation meetings have been held during the last three years? Of these, how many parties were in attendance (e.g. 10 mediations had 2 parties; 5 mediations had 3 parties; 12 mediations had 4 parties; etc). Where mediation has been used, was the mediator appointed by the council, or agreed upon by the parties? Was the mediator an independent mediator? How many mediations were held were the mediator is an Environmental Commissioner?

Yours faithfully,

Matthew Hawkins
[email address]
021 2788852

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Bay of Plenty Regional Council

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From: Web Info Requests

Dear Matthew,

 

RE: ACKNOWLEDGEMENT OF YOUR INFORMATION REQUEST – BORRC Reference
2016-09|16-0063

 

Thank you for your request for information dated 22 September 2016, which
was received by the Bay of Plenty Regional Council (Council) on 23
September 2016.

 

Your request for information is being considered as a request under the
Local Government Official Information and Meetings Act 1987 (the Act).

 

We will respond to your request as soon as possible and no later than 21
October 2016, which is 20 working days after the day on which we received
your request as per section 13(1) of the Act.

 

If you contact the Council about this request, please quote the BOPRC
reference number above.

 

 

Yours faithfully,

 

 

 

Information Team

Bay of Plenty Regional Council

Information Advisor | Bay of Plenty Regional Council | Whakatane, New
Zealand | Ph: 0800 884 881 | Web: [1]www.boprc.govt.nz
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From: Reuben Fraser

Hi Matthew,

Under clause 8AA of the First Schedule, there have been no meetings held by the local authority with submitters prior to a proposed policy statement or plan during the last three years. There have therefore been no instances where mediation has occurred or where an independent mediator has been used.

Council does not hold consolidated records of s99A mediations, but I cannot recall any over the last three years. We have held pre-hearing meetings (s99), but again we do not hold consolidated records of those and so it would be difficult to determine numbers.

Kind regards,

Reuben Fraser | Consents Manager | Bay of Plenty Regional Council
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From: Reuben Fraser

My apologies Matthew, I've just been informed that there was in fact one 8AA meeting on reference files in relation to plan change 10 - no mediator involved.

Kind regards,

Reuben Fraser | Consents Manager | Bay of Plenty Regional Council
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From: Matthew Hawkins

Dear Reuben Fraser,

Thank you for your reply. The information is very helpful.

Yours sincerely,

Matthew Hawkins

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