Section 35(2)(d) of the RMA – Monitoring the Exercise of Resource Consents

Brian Warburton made this Official Information request to Auckland Council

Response to this request is long overdue. By law Auckland Council should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: Brian Warburton

Dear Auckland Council,

PURSUANT to the PROVISIONS of the LGOIMA the FOLLOWING INFORMATION is REQUESTED.
• Has the Council delegated its duty under Section 35(2)(d) of the RMA [as provided for under Sections 34 and 34(A) of the RMA].
• If the Council has done so, to which council committee, hearings commissioner, and/or council employer (as the case maybe) has that duty been delegated. (Note: in the case of council employees, position titles only are required, not staff personal identifiers.)
• Has the Council transferred the duty under Section 35(2)(d) of the RMA [as provided for under Section 33 of the RMA].
• If the Council has done so, to which public authority (or authorities) has that duty been transferred.
• Where the Council has delegated and/or transferred the duty under Section 35(2)(d) of the RMA, a copy of the relevant document that officially records the delegation/transfer as the case maybe. (Note: this can be provided with a link to an appropriate council website if this is available.)
• Where the Council has not delegated the duty under Section 35(2)(d) of the RMA, why has the Council not done so.
• Where the Council has not delegated the duty under Section 35(2)(d) of the RMA, by what process does the Council fulfil its duty under Section 35(2)(d) of the RMA.
• Does the Council have a RMA monitoring strategy that addresses the duty imposed under Section 35(2)(d) of the RMA.
• If the Council has such as strategy, a copy of that document (Note: this can be provided with a link to an appropriate council website if this is available), as well as relevant citations to sections/pages that reference to Section 35(2)(d) of the RMA .

Yours faithfully,

Brian Warburton

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From: Official Information
Auckland Council

Kia ora Brian,

 

Thank you for contacting the Official Information and Privacy team.

 

We have passed on your request to our Regulatory Services Directorate to
respond to you directly. 

They will be in contact with you soon, if they have not done so already.
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Ngā mihi,

 

Amanda

The Privacy and LGOIMA team

Auckland Council

 

From: Brian Warburton <[FOI #16629 email]>
Sent: Sunday, 5 September 2021 2:43 pm
To: Official Information <[email address]>
Subject: Official Information request - Section 35(2)(d) of the RMA –
Monitoring the Exercise of Resource Consents

 

Dear Auckland Council,

 

PURSUANT to the PROVISIONS of the LGOIMA the FOLLOWING INFORMATION is
REQUESTED.

•            Has the Council delegated its duty under Section 35(2)(d) of
the RMA [as provided for under Sections 34 and 34(A) of the RMA].

•            If the Council has done so, to which council committee,
hearings commissioner, and/or council employer (as the case maybe) has
that duty been delegated. (Note: in the case of council employees,
position titles only are required, not staff personal identifiers.)

•            Has the Council transferred the duty under Section 35(2)(d)
of the RMA [as provided for under Section 33 of the RMA].

•            If the Council has done so, to which public authority (or
authorities) has that duty been transferred. 

•            Where the Council has delegated and/or transferred the duty
under Section 35(2)(d) of the RMA, a copy of the relevant document that
officially records the delegation/transfer as the case maybe.  (Note: this
can be provided with a link to an appropriate council website if this is
available.)

•            Where the Council has not delegated the duty under Section
35(2)(d) of the RMA, why has the Council not done so.

•            Where the Council has not delegated the duty under Section
35(2)(d) of the RMA, by what process does the Council fulfil its duty
under Section 35(2)(d) of the RMA.

•            Does the Council have a RMA monitoring strategy that
addresses the duty imposed under Section 35(2)(d) of the RMA.

•            If the Council has such as strategy, a copy of that document
(Note: this can be provided with a link to an appropriate council website
if this is available), as well as relevant citations to sections/pages
that reference to Section 35(2)(d) of the RMA .

 

Yours faithfully,

 

Brian Warburton

 

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