Information needs of the RMA: A review of the information used for discharge permit applications
The information requirements of the Resource Management Act 1991 (RMA) have been described as being onerous on local government and applicants for resource consents. The administration of the RMA is still in a transition phase as many councils have yet to develop effects-based rules. Because of this lack of effects-based rules in many situations, councils are considering effects on a case by case basis. The information requirements of the RMA resource consent process are more complex than previous legislative requirements given the definition of effects (s 3 RMA). This change in information needs is not widely appreciated nor is it widely understood. This investigation set out to assess the validity of the "information hungry" accusations by examining 16 resource consents for discharges to water issued by three regional councils.
All aspects of the consent application and assessment process were examined to assess the adequacy of information provided, and sought, to make sound resource consent decisions as well as the proportion of information used in the decision making. The latter aspect was an endeavour to assess the efficiency with which information was used; ie, was more being sought than necessary to make a sound decision?
This study looks at how information provided by an applicant, affected parties or submitters and a council is used in decision making. It also considers the ability of tangata whenua and other interested parties to participate effectively in environmental management processes.