Appendix 6: 2007/2008 survey questionnaire

What’s changed in 2007/2008

Type of change	Indicator
Wording changes
New question
Previous survey question now split

General survey approach

When completing the survey please use the following approach.

• Unless otherwise stated, please only consider resource consents as defined by section 87 of the RMA. However, please also include deemed permits if they were issued during the 2007/2008 financial year.

• Include resource consents that have been processed through to a decision during the 2007/2008 financial year.

• Include resource consent applications lodged before the 2007/2008 financial year if the decisions to grant or decline them were made within the 2007/2008 financial year.

• If there are multiple resource consents in the one application form, then count the number of resource consents included in that form.

The survey excludes resource consent applications withdrawn before a decision was made (even if that application involved staff time before it was withdrawn).

Definitions of terms and explanation of the survey questions are provided at the back of this document to help you complete the questionnaire.

1. Resource consent processing statistics

Resource consents processed to a decision in 2007/2008

Changes in resource consent conditions

Certificates of compliance

Resource consents declined

Type of resource consent

Resource consents by activity status

Further information requests

Pre-hearing meetings

Type of resource consent decisions

Objections and appeals made by the applicant on resource consent decisions

Appeals to the Environment Court on resource consent decisions

2. Time

Statutory timeframes for notified consents

Statutory timeframes for limited notification consents

Statutory timeframes for non-notified consents

3. Cost

Notified resource consents

Limited notification resource consents

Non-notified resource consents

4. Monitoring and enforcement

Monitoring and reporting

Complaints

Compliance with consent conditions

Enforcement action		Complaints	Consent compliance breaches	Total
4.6.1 Enforcement orders				Automatically calculated
4.6.2 Abatement notices				Automatically calculated
4.6.3 Excessive noise directions				Automatically calculated
4.6.4 Prosecutions				Automatically calculated
4.6.5 Infringement notices				Automatically calculated
4.6.6 Informal action				Automatically calculated
4.6.7 Yet to be determined				Automatically calculated
Total		Automatically calculated	Automatically calculated	Grand total automatically calculated

5. Māori participation in Resource Management Act processes

6. Good practice in resource consent processing

Pre-application

Application process

Assessments of environmental effects (AEEs) and notification

Monitoring timeframes

Customer satisfaction

7. Plan changes and variations

In relation to the First Schedule of the RMA, please answer the following questions.

Plan changes

Variations

Definitions and explanations for selected questions

Section 1: Resource consent processing statistics

1.1
A resource consent application is defined as processed to a decision once the local authority has approved or declined an application. It does not include resource consent applications withdrawn before a decision was made (even if that application involved staff time before it was withdrawn). It does include resource consent applications lodged before the 2007/2008 financial year if the decisions to grant or decline them were made within the 2007/2008 financial year.

1.2
This question refers to applications made under section 127 (Change or cancellation of consent condition by the consent holder). Note that applications under section 127 must be treated as if they were resource consents for a discretionary activity.

1.3
This question refers to consent conditions made under section 128 (Circumstances when consent conditions can be reviewed).

1.7
For the purpose of this survey, please include any restricted coastal activities under discretionary activities.

1.13
When completing this question exclude any objections made to further information requests under section 92 and applications for certificates of compliance under section 139.

1.14
Use the number of objections from question 1.13 to then work out the number appealed to the environment court for question 1.14.

Since there is a 15-working-day period for filing an appeal, a decision made during the 2007/2008 financial year may have been appealed as late as 21 July 2007. Please include in your answer all decisions made in the 2007/2008 financial year that were appealed, where the appeal was filed up to 21 July 2008.

Section 2: Time

2.1–2.3
Resource consent applications are considered to be ‘within time’ if they are processed within:

• 70 working days for notified and limited-notification consent applications involving a hearing

• 50 working days for notified and limited-notification consent applications not involving a hearing

• 40 working days for non-notified consent applications where a hearing was held

• 20 working days for non-notified consent applications where no hearing was held

• or within time limits using section 37.

When completing this section exclude resource consent applications withdrawn before a decision was made (even if that application involved staff time before it was withdrawn).

When completing this section include the length of time taken to get to the initial decision; that is, disregard section 357 decisions.

The processing time clock should be stopped on the date the notice of decision is sent to the applicant and every person that made a submission, NOT the date the decision was made.

Section 3: Cost

3.1–3.3
When calculating the charges to the applicant please count the total cost to the applicant as billed by your local authority, including any initial charges and any supplementary charges as a result of hearings, information gathered etc.

Where more than one resource consent has been processed at the same time for the same project, and billed together in one invoice, average the total cost over the number of consents issued.

Please ensure your answers are GST exclusive.

We collect information on the median charge to applicants for resource consent processing. The median is the number in the middle of a set of numbers when they are in ascending order. That is, half the numbers have values that are greater than the median, and half have values that are less. If there is an even number of numbers in a set, then the median is the average of the two numbers in the middle.

Note: the median is NOT the same thing as the mean/average.

The easiest way to calculate a median is to use Excel.

1. Open the Excel spreadsheet where your charges data is stored, or export from the programme where it is stored into a single column in an Excel spreadsheet.
   
   Click on the first empty cell at the bottom of the column containing the charges data.
   
   Click on the = button on the Formula bar. From the drop-down menu, select ‘MEDIAN’.
    
2. Make sure the array (cells containing the data) includes all the cells with the data (eg, A1:A100).
3. Click ‘OK’ to complete the calculation.

Section 4: Monitoring and enforcement

4.1
Monitoring involves capturing a record of what was monitored. A record of the results of monitoring does not by itself constitute a report.

Reporting is defined as making the results of monitoring available in an understandable format for a defined audience. Reporting can range from informal internal council documents through to publicly available published reports.

4.2
Minor issues are often resolved on the spot and not recorded. Complete the questions for recorded issues only. This section refers to complaints about alleged breaches of the RMA (section 35[5][i]). Do not include information about complaints related to other local authority functions.

4.3
A resource consent is defined as requiring monitoring if it is written in the resource consent conditions that it shall be monitored during the period 1 July 2007 to 30 June 2008.

4.6
Consent compliance breaches are those that were monitored or noted in the first instance through compliance monitoring or by council officers. Enforcement or informal action taken as a result of public complaints that led to unscheduled consent compliance monitoring should be recorded in the complaints column.

4.6.6
Informal action is defined as any action that rectifies the situation without recourse to legal procedures. Examples could include written or verbal warnings, or obtaining the offender’s cooperation in ceasing what they were doing or changing their behaviour to the extent that it is no longer cause for concern.

Section 5: Māori participation

5.1
Section 35A of the RMA requires councils to keep records of iwi in their region or district. While the information may be drawn from Te Puni Kōkiri, the duty to keep and maintain records lies with the local authority.

5.2 and 5.3
Providing advice to applicants can be over-the-counter or telephone advice, or via an email, letter, or pamphlet.

5.3
Please indicate your local authority’s standard practice when discussing resource consent applications. If your local authority provides advice both prior to and after formal lodgement then please tick both boxes.

5.4
Written criteria and policies should be more than a policy that just sees all consents automatically circulated to Māori groups for comment. Criteria and policies should relate to the circumstances when Māori or their interests will be deemed to be affected and which iwi or hapū should receive copies of applications.

5.7
This includes internal council budgetary provision for staff costs and consultation with iwi, and any direct payments to iwi to assist them in participating in consultation, in regard to:

• plan and policy development

• incorporating Māori/iwi/hapū advice into plans and policy statements.

It may also include any contribution paid towards assisting iwi in the development of planning documents recognised by the iwi authority (such as iwi management plans).

5.8
This includes the budget for internal staff costs, direct payment to iwi, and costs of consulting with iwi to facilitate Māori/iwi participation in resource consent processes.

Section 6: Good practice

We are collecting information on the use of what the Ministry for the Environment considers to be key elements of good practice in resource consent processing. Good practice should not be considered prescriptive – rather, local authorities should consider the applicability of different elements of good practice to their own unique circumstances. These questions relate to current practice. Please do not restrict your answers to the 2007/2008 financial year. Where your answer to a question is ‘most of the time’, tick the ‘Yes’ box.

6.1
This question refers to more than a photocopy of the Fourth Schedule; for example, having checklists.

6.3
A set structure refers to the use of any standardised guidance material such as templates, checklists and protocols (for example, those seen on the Quality Planning website.).

6.13
The overall level of satisfaction is defined as the overall result of the survey. Surveys will have multiple questions that will be answered by a number of people. An average of the result of the responses to all surveys should be used to determine the overall level of satisfaction.

Good practice note – use of section 37

The Ministry for the Environment considers it is good practice to use section 37 to extend time limits allowed under the RMA, rather than running over time limits without informing the applicant and affected parties. Time limits can be extended for up to twice the time limit stated in the RMA (section 37[5]), or for such period as the Consent Authority thinks fit on the request of, or with the agreement of, the applicant (section 37[5A]). Where section 37 has been used to extend time periods, resource consents should be recorded as having been processed within time, provided the limits set for processing through the use of section 37 have not been exceeded.

The Quality Planning website says that it is appropriate to use section 37:

• to undertake further consultation

• to gain agreement on consent conditions resulting from a pre-hearing meeting process or to have discussions with the applicant

• if an applicant and/or submitter wishes to have a particular expert/lawyer at a hearing

• for a hearings committee or commissioner to make and compile a decision on a complex application

• to review complex assessment of environmental effects

• to accept a late submission.

Section 7: Plan changes and variations

7.1–7.5
‘Completed’ means that the plan change or variation was successfully incorporated into the operative or proposed plan, potentially with some modifications. Do not include plan changes or variations under appeal to the Environment Court as these have not been completed yet.

Section 8: Comments

This is your opportunity to include any information which could be relevant in considering the responses of your local authority to this survey questionnaire. This might include the reason you have been unable to answer a question, assumptions you made when answering a question, or information on difficulties your local authority has faced in meeting statutory requirements or implementing best practice guidance.