h-member-login

MANGAWHAI'S NO.1 NEWSPAPER  header call 
Melody sales@mangawhaifocus.co.nz 021454814
Nadia n.lewis@xtra.co.nz 021677978
Reporting: Julia news@mangawhaifocus.co.nz 0274641673
 Accounts: Richard info@mangawhaifocus.co.nz 021678358

 

Archives

Resource consents stressful and exasperating say applicants


The review could not come fast enough for some applicants whose pursuit of a resource consent in Kaipara has become a stressful and exasperating experience.

Although preferring to remain anonymous due to concern their ongoing applications could be negatively impacted, applicants have expressed similar experiences of frustration and disbelief at what appears to be a convoluted, complicated process, fraught with lengthy delays, confusing and ongoing requests for information, and stress of mounting costs when trying to gain a resource consent (RC) through Kaipara District Council (KDC). 

“Feels like the goalposts are continually being moved... you do every feasibility report they require and then they find something else to cost you money... it just goes around in circles... why would anyone just keep paying more with no light at the end of the tunnel?” says one applicant whose RC is still ongoing after two years.

An ‘out-of-town’ ratepayer says that like any local council, Kaipara appears to hold a ‘monopolistic power over any property development in the district’. 

“Our experience has been met with several blockages, obfuscations and major frustrations though not all from the council, more in addition from a couple of influential neighbours courtesy of a flawed RMA process. To document this openly is risky.”

Bad advice
One applicant who chose to be identified, Ken Marment says his RC experience in 2016 to build a second dwelling on his Tara Road property was a costly, long, drawn out process with KDC staff making statements which ‘just weren’t true’.
“The application was done through a consultant and was successful, however KDC demanded a clause be put on my title stating the property could never be subdivided – ever!” he says. “I was told this was standard practise and that the council had a legal right to demand it.”

However, in an April 2017 hearing for another unrelated case, an independent commissioner confirmed councils cannot impose a ‘no subdivision encumbrance’ without the applicant’s agreement.

Ken says KDC did not advise him about the result of the hearing, which he learned of by chance, neither did they use the result to inform or review similar cases where they had given ‘bad’ advice.

“It is one thing to get it wrong but quite another to not bother to even attempt to make good the harm,” he says. “I had to pay for my lawyer to put the encumbrance on my title, then pay for him to remove it!”

Another applicant who did not want to give personal details of his RC, did allege that bully tactics have been historically used by some staff to push ratepayers into submission – ‘you have do as we say or you won’t get your CCC signed off’ – and suspects the July announcement by government to make over 120 building code compliance standards available for free download, was due to ‘gross incompetence by staff quoting Building Act requirements’.

“The government says it’s so people can ‘do the right thing' but it’s really because so many people are being hoodwinked by council staff.”

New policy
Although applicants say they faced long waiting periods for replies to emails, ‘two to three weeks to answer is common despite the KDC website stating 48 hours to respond’, most say staff were polite and courteous. 

In response to hearing ‘a lot’ of ratepayers concerns with the consent process, KDC councillor Jonathan Larsen has initiated the development of a policy to make commissioners appointed to consent hearings more independent of staff. 

“In essence, there was a perception that staff had influence over the decisions made by independent commissioners,” he says. “The aim of introducing this policy is to give all listed commissioners equal opportunities to hear applications, so there will be no favouritism towards those who would support a staff position.”

After a long process the policy is nearly complete and should be considered for adoption at the September council meeting. 
“Many people feel they have been subjected to unnecessary delays and costs as a result of multiple requests for further information and a less than practical approach to some issues," he says. “The findings of the Independent Planning and Functions Review and the implementation of this new policy will hopefully result in a much improved fair and efficient process in the near future.”

“I was told this was standard practise and that the council had a legal right to demand it.”
Ken Marment, Mangawhai resident

ABOUT US
  CHECK IT OUT
The Mangawhai Focus is the only 'Mangawhai' community Newspaper and is the paper of choice within the local area.

For more information on distribution and circulation please 
click here
 

Directory

Archives

Contact Us


 

 

 

FOLLOW US

facebook   twitter   174855-378

CONTACT US


Sales: 021 454814
  sales@mangawhaifocus.co.nz
Editorial: 027 4641673
  news@mangawhaifocus.co.nz
Office: 021 678357
  info@mangawhaifocus.co.nz