4 Methodology

In January 2009, all the 60 plus MDC files associated with the Wairau process were reviewed, and comprehensive notes taken. MDC staff were then interviewed including Hans Versteegh, Manager - Resource Management and Regulatory; Peter Constantine, the Council’s Principal Planner; Louise Walker, the officer responsible for administering the hearing process; and Vallyn Wadsworth, the council’s hydrologist (who kindly took the contractor on a site visit). An interview was also conducted with Stephen Wilkes of Abel Properties Limited, the consultant who was contracted by MDC to help process the initial applications. Mr Wilkes is a former MDC consents staff member, and has 14 years relevant experience.

The next step, undertaken in mid-February, was to interview Peter Lilley and Kerry Watson of TPL about the process. This was a face to face interview held at TPL’s head office in Tauranga.

Face to face interviews were then conducted with representatives of the following organisations in early March:

• Stephen Wynne-Jones and Rod Witte from the Department of Conservation (DoC), Nelson. Mr Wynne-Jones is a planner with the Department and Mr Witte is a senior manager. Mr Witte formerly held a senior management role at Nelson City Council, part of which involved oversight of all consent processing, and previously worked for the MDC.
• Neil Deans, Manager, Nelson-Marlborough Fish and Game Council, Nelson. Additional written comment was provided by their solicitor, Maree Baker, of Anderson Lloyd Law.
• Ms Debs Martin, Conservation Officer, Royal Forest and Bird Protection Society, Nelson.
• Nigel McFadden, solicitor of Nelson who represented Ormond Aquaculture and New Zealand Clearwater Crayfish.
• Robin Blackmore, a committee member of “Save the Wairau”. Mr Blackmore previously worked for DoC and has experience of statutory processes under the RMA.
• Roger Winter of the Marlborough Freshwater Anglers Club. Mr Winter was formerly an elected councilor at the MDC and the chair of their hearing committee.

Many other participants to the process could have been interviewed. However those chosen all have extensive experience relating to RMA consent processes, and could draw from that experience to offer comment on the Wairau process.

The interviews undertaken were semi structured. In essence, participants were asked open questions about those stages of the process in which they were involved, and asked to comment on them. The general structure of the interview is set out in Appendix 2 of this report.

A number of criticisms of the hearing process emerged from these interviews. In response MfE wrote to the MDC asking for comment. A meeting was held with representatives of MDC in July 2009 to discuss the issues raised and was followed up by a written response from the council.

Following this the hearing panel members were interviewed separately in Christchurch and Blenheim. Again the questions asked were very open, with comment sought. There was strong agreement between the panel members on the issues raised by other parties.

The views expressed by the MDC and hearing panel members in response to these issues have been incorporated into this report.