Monitoring consents

We've done an external review of our compliance, monitoring and enforcement (CME) activity.  From this review, there's now a greater focus on cost recovery to make sure all compliance and monitoring costs associated with resource consents are paid for by the consent holder.

We'll be using a risk-based approach to CME, focusing more on activities that pose a higher risk of non-compliance, including where non-compliance poses a higher risk of environmental harm.

Activities that are identified as higher risk, may incur more monitoring, resulting in more costs to the consent holder.

When an award in favour of Council is made by the Court as a result of a prosecution taken by Council, that award is used to pay for the costs of taking the prosecution.

The costs involved in taking a prosecution vary depending on the scale and complexity of the breach and any defence mounted by the party being prosecuted.

Should any part of the award remain after deducting the costs of the investigation the money will be used to offset rates in relation to the cost of compliance and monitoring.

All valid complaints are properly recorded and investigated.

• The personal details of the complainant are held in the strictest confidence.
• In cases involving a serious and/or irreversible harm, the complaint is investigated as a matter of priority, usually within 24 hours of receipt.
• The complainant is updated on any subsequent action that may result as soon as reasonably practicable.

Council does not take sides in a dispute. It will judge what action is appropriate according to the evidence, particular circumstances, impact on the built or natural environment, relevant policies, and legislation.

If a breach, or potential breach of the RMA occurs then information must be gathered about how and why the breach occurred.

This information gathering, or investigation should be welcomed by all parties as its purpose is to establish the truth of what has occurred and enable informed decisions to be made.

The depth and scope of the investigation will be dependent on the seriousness of the incident. Investigation activities may include:

• Visiting private property to collect information or potential evidence such as samples, photographs, measurements, or ecological assessments.
• Talking to people about what they know about the incident. People interviewed may be witnesses to an incident or potentially liable parties. These conversations will be recorded in writing or by electronic means.
• For serious matters interviews of potentially liable parties are conducted under caution to ensure their rights are understood.

When visiting private property it's vital to respect the rights of the lawful owner or occupier. Our staff must ensure that all entry to private property is done so lawfully.

Our staff are issued with warrants of authority. A warranted enforcement officer has the ability to enter private property (excluding a
dwelling) for the purpose of assessing compliance with environmental regulation. This can be completed without prior notice to the occupier or landowner. However, if the officer has reasonable grounds to believe that a breach of the RMA has been carried out on the property then that warrant is no longer a valid legal access.

The High Court has given very clear direction as to when an officer can rely upon their warrant of authority and when they need to have informed consent or a search warrant.

Our staff attend specific training to be familiar with all of their statutory obligations before carrying out any enforcement functions.

For more information refer to our Enforcement Policy.